HomeMy WebLinkAbout2021-10-26 PC HC WSJOINT PLANNING AND HOUSING COMMISSIONS WORK SESSION
CITY OF BROOKLYN CENTER
VIRTUAL MEETING
OCTOBER 26, 2021
This VIRTUAL meeting is being conducted by electronic means in accordance with Minnesota Statutes, Section
13D.021. Public access to the Webex meeting is below:
Online: logis.webex.com | Phone: (312) 535-8110
Meeting Number (Access Code): 2467 471 0089
Meeting Password: BCPCHC10262021
1. Call to Order – 6:30 p.m.
2. Roll Call
3. Discussion
a. Review of Zoning Code Layout & Review Intent
b. Recap of Review Schedule
i. Session #1 | October 26th
• Section 1: General Provisions
• Section 2: Zoning Districts
• Section 3: Overlay Districts
• Section 9: Definitions
ii. Session #2 | November 30th
• Section 4: Use Regulations
• Section 5: Development Standards and Incentives
iii. Session #3 | December 14th
• Section 6: Signs
• Section 7: Zoning and Subdivision Procedures
• Section 8: Specific Procedures
c. Session #1 Walk Through
d. Questions for Discussion
• Zoning District Heights
• Development Incentives
• Residential Densities
• Impervious Coverage
e. Next Steps
4. Adjournment
Draft Z oning Districts
Brooklyn C enter, Minnesota
September 2021
0 2,600Feet Sources: City of Brooklyn Center, Hennepin County, MetCouncil, MnDOT !I
Legend
R1R2R3R4
R5MX-N1MX-N2MX-B
IMX-CCTOD
OPUD/C1PUD/C2PUD/I1
PUD/R1PUD/R3PUDMIXED
General Provisions
1.1 Title, Purpose, and Effective Date
1.1.1 Title
This Chapter 35 and the regulations set forth herein shall be known as the UNIFIED
DEVELOPMENT CODE OF THE CITY OF BROOKLYN CENTER and will be referred to herein
as the “Unified Development Ordinance”. It may also be referenced to throughout
Chapter 35 as “UDO” or “this Chapter.”
1.1.2 Statement of Policy
The provisions of Chapter 35 have been enacted in order to protect and promote health,
safety, equity, and the general welfare of the people of Brooklyn Center. This UDO is
adopted to achieve the following objectives:
Compatibility between different land uses;
Promotion of a more equitable and sustainable community for all people;
Adequate light, air and safety from fire, flood, and other dangers for occupants of
structures;
Protection of the character and stability of residential, commercial and industrial
locations throughout the city, and to ensure the orderly and beneficial development
of those areas;
Protection and conservation of the value of land and buildings;
A balanced tax base between residential, commercial and industrial uses;
Avoidance of business failures through improper location;
Provision for the safe and efficient circulation of all modes of transportation, with
particular regard to the avoidance of congestion in the public streets; and
Reasonable standards to which structures and uses shall conform
1.1.3 Effective Date: Month, date, year
1.2 Authority, Applicability, and Jurisdiction
1.2.1 Authority
This Unified Development Ordinance is enacted pursuant to the authority granted by the
Municipal Planning Act, Minnesota Statutes, Section 462.351 to 462.365 and other
applicable laws.
1.2.2 General Applicability
Where the conditions imposed by any provision of this Unified Development
Ordinance are either more or less r estrictive than comparable conditions imposed
by other ordinances, rules or regulations of the City, the Unified Development
Ordinance, rule or regulation which imposes the more restrictive condition,
standard or requirement shall prevail.
Except as herein provided, no building, structure or premises shall hereafter be
used or occupied, and no building permit shall be granted, and no plat approved
that does not conform to the requirements of this Unified Development Ordinance.
No structure shall be erected, converted, enlarged, reconstructed or altered, and no
structure or land shall be used for any purpose which is not in conformity with the
provisions of this Chapter.
In any zoning district, whenever a use is neither specifically allowed nor specifically
prohibited, the use shall be considered prohibited unless the City Council
determines the proposed use is substantially similar to an allowed use in which case
the proposed use shall be deemed allowed.
The City Council or the Planning Commission, on their own initiative or upon
request, may conduct a study to determine if a use not listed as allowed or
prohibited is acceptable and if so, what zoning district would be most appropriate
and the conditions and standards relating to development of the use. The City
Council, Planning Commission or property owner, if appropriate, may initiate an
amendment to the Unified Development Ordinance to provide for the particular
use under consideration or shall find that the use is not compatible for
development within the City.
This Unified Development Ordinance is a comprehensive revision to Chapter 35 of
the City Code. Any act done, offense committed, or rights accruing or accrued, or
liability, penalty incurred or imposed prior to the effective date of this Unified
Development Ordinance is not affected by its enactment.
1.2.3 Jurisdiction
This Unified Development Ordinance applies to all lands within the jurisdiction of the City
of Brooklyn Center shown on the official Zoning Map.
1.2.4 Enforcement
This Unified Development Ordinance shall be administered and enforced by the City
Manager who is hereby designated as the Zoning Administrator. The City Manager may
authorize other employees or agents of the City to perform the various duties of the
Zoning Administrator, including:
The enforcement of this development ordinance by initiation of appropriate
administrative and legal actions, including but not limited to the issuing of citations or
written orders, or reference to the city attorney for the issuing of a forma l complaint.
Such other actions as reasonable and necessary for the enforcement of this
development ordinance.
1.2.5 Authority of Zoning Administrator
The Zoning Administrator is authorized to perform the following duties for the city:
Accept applications, determine their completeness, and identify what additional
information is required to make an application complete;
Process and issue permits once they have been approved in accordance with this
UDO;
Issue notices of denial;
Create reports with recommendations on zoning matters for the planning
commission and the city council;
Provide for notices required under this UDO;
Conduct inspection as may be needed;
Administer and issue notices under Minnesota Statutes, section 15.99;
Enforce this UDO through the issuance of violation notices, cease and desist orders,
and correction orders as may be needed; and
Perform such other duties and responsibilities as identified in this UDO or as may
otherwise be needed to administer this UDO as directed by the city manager.
1.2.6 Penalties
Violation of the provisions of this Unified Development Ordinance or failure to comply
with any of its requirements (including violations of conditions and safeguards
established in connection with grants of variances or conditional use permits) shall
constitute a misdemeanor. Any person who violates this Unified Development Ordinance
or fails to comply with any of its requirements shall, upon conviction thereof by lawful
authority, be fined not more than one thousand dollars ($1,000) or imprisoned for not
more than ninety (90) days or both, and in addition, shall pay all costs and expenses of
prosecution. Each day such violation continues shall be considered a separate offense.
Nothing herein contained shall prevent the City of Brooklyn Center from taking such
other lawful action as is necessary to prevent or remedy any violation. No provision of
this chapter designating the duties of any official or employee of the City shall be so
construed as to make such official or employee liable for the penalty provided in this
section for failure to perform such duty, unless the intention of the City Council to impose
such penalty on such official or employee is specifically and clearly expressed in the
section creating the duty.
1.2.7 Severability
Every section, provision, or part of this Unified Development Ordinance is declared
separable from every other section, provision, or part to the extent that if any section,
provision, or part of the Unified Development Ordinance shall be held invalid, it shall not
invalidate any other section, provision, or part thereof. Failure to give mailed notice as
maybe required by this Unified Development Ordinance or any defects in the notice shall
not invalidate the proceedings.
1.2.8 Official Zoning Map
The boundaries of the zoning districts defined in Section 2 are shown on the map entitled
"Zoning Map of Brooklyn Center, Minnesota," as may be amended from time to time. The
Zoning Map of Brooklyn Center, Minnesota shall be referred to in this Unified
Development Ordinance as the Zoning Map or the Map. The Map and all amendments
shall be certified by the City Clerk and maintained in the office of the City Clerk. The
Zoning Map and all the notations, references and other information shown thereon shall
have the same force and effect as if fully set forth herein and are thereby made a part of
this Unified Development Ordinance by reference.
1.3 Interpretation and Conflicting Provisions
1.3.1 Rules of Interpretation
In their interpretation, the provisions of this Unified Development Ordinance shall be held
to be the minimum requirements necessary to promote and preserve the public health,
safety, morals, and welfare.
The word “person” includes firm, association, organization, company, partnership,
cooperative, or corporation as well as an individual.
The present tense includes the future tense, the singular number includes the plural,
and the plural includes the singular.
The word “shall” is mandatory and the word “may” is permissive.
The word “lot” shall include the words “plot,” “piece,” “parcel,” and “property” and
shall be interpreted broadly to give full effect of the provisions of this Chapter.
All distances, unless otherwise specified, shall be measured horizontally.
References in this Chapter to any statutes, rules, or regulations shall include any
amendments to, or successors of, those statutes, rules, or regulations. Furthermore,
such references shall serve to incorporate those statutes, rules, or regulations by
reference to the extent necessary to achieve the intent and purposes of this Chapter.
However, such incorporations are intended only to give effect to this Chapter and are
not intended to make the City responsible for the administration or enforcement of
the referenced statutes, rules, or regulations.
Whenever a word or term defined hereinafter appears in the text of this Chapter, its
meaning shall be constructed as set forth in such definition. If no set definition is
given in this Chapter, the word or term shall have the meaning given it in the
Minnesota Statutes, Minnesota Rules, or the most applicable Hennepin County
ordinance to the extent the term is given a specific definition therein. Any question as
to the meaning of a word or term used in this Chapter shall be determined by the City
Council.
General words are construed to be restricted in their meaning by preceding particular
words.
The listing of examples to further explain a term, concept, requirement, or process is
not intended to be, and shall not be interpreted as, an exclusive listing. Unless the
context clearly indicates otherwise, such listings are intended to be explanative
without being exclusive or limited. The exception to this general rule of
interpretation is the listing of uses allowed in a district, which is intended to be
limited to only those uses and the uses the City Council finds to be substantially
similar as provided in this Chapter.
The Minnesota legislature has adopted various provisions by statute requiring local
governments to treat certain uses as permitted or conditional uses within their respective
jurisdictions for the purposes of zoning regulations. Notwithstanding the general
prohibition contained herein of uses not expressly allowed by this Chapter, this Chapter
shall be interpreted as allowing those uses the legislature expressly requires the City to
allow. Such uses shall be classified as provided in the legislative mandate and shall only
be allowed in those areas described in the applicable statute, and then only to the extent
and scope as prescribed in the statute. For example, Minnesota Statutes, section 462.357,
subdivision 7 requires a licensed day care facility serving 12 or fewer persons to be
considered a permitted single family residential use of property. As such, this Chapter
shall be interpreted as allowing that specific use as a permitted residential use, but only
up to a capacity of 12 persons. A proposed use that exceeds the scope described in the
statute shall not be allowed unless the expanded use is expressly allowed in the particular
zoning district by this Chapter. Furthermore, if the statute indicates the use is to be
allowed as a conditional use, the use may only occur upon the submission of an
application and receipt of a conditional use permit from the City. All mandated uses shall
obtain a land use permit and all other permits and permissions as required by this
Chapter and all other applicable laws.
1.3.2 Supremacy
When any condition imposed by any provision of this Unified Development Ordinance
upon the use of land or buildings or upon the bulk of buildings i s either more restrictive
or less restrictive than similar conditions imposed by provisions of another City ordinance
or resolution, the more restrictive condition shall prevail.
This Unified Development Ordinance is not intended to abrogate any easements,
covenants, or any other private agreement, providing that where the provisions of this
Unified Development Ordinance are more restrictive than such easements, covenants, or
other private agreements, the provisions of this Unified Development Ordinance shall
prevail.
1.4 Transition from Prior Regulations
1.4.1 Prior Zoning Regulations
This Chapter supersedes and replaces Brooklyn Center City Ordinances Chapter 35
Zoning, and all such provisions are hereby repealed. The repeal of the City’s previous
zoning and subdivision chapters does not itself affect the status of any use, structure, or
lot that was not in conformance with the earlier chapters.
1.5 Comprehensive Plan
1.5.1 General
The City Council hereby undertakes to carry on comprehensive study and planning as a
continuing guide for land use and development legislation within the municipality. For
this purpose, the City Council has adopted a Comprehensive Guide Plan for the City of
Brooklyn Center, and the City’s Planning Commission aids in such planning as the
advisory planning agency.
The Planning Commission shall, from time to time, upon its own motion or upon direction
of the City Council, review the Comprehensive Plan and by a majority vote of all members
of the Planning Commission recommend appropriate amendments to the City Council.
Before recommending any such amendments to the City Council, the Planning
Commission shall hold at least one public hearing to consider the proposed amendment.
The City’s Planning & Zoning Division shall publish notice of the time, place and purpose
of the hearing once in the official newspaper of the City at least ten (10) days before the
date of the hearing. Furthermore, the Secretary shall transmit copies of the proposed
amendment to the City Council prior to the publication of the notice of hearing.
Following the review and recommendation by the Planning Commission, the City Council
shall consider the proposed amendment and may, by resolution of two-thirds of its
members, amend the Comprehensive Plan.
1.5.2 Coordination with Other Agencies
In the performance of its planning activities, the Planning Commission shall consult with
and coordinate the planning activities of other departments and agencies of the
municipality to ensure conformity with and to assist in a development of the
comprehensive municipal plan. Furthermore, the Planning Commission shall take due
cognizance of the planning activities of adjacent units of government and other affected
public agencies.
1.5.3 Relationship between Comprehensive Plan and this UDO
Minnesota statutes require the Unified Development Ordinance be consistent with the
approved comprehensive plan.
Zoning Districts
2.1 Official zoning map
The official Zoning Map together with all materials attached thereto is hereby adopted by
reference and declared to be a part of this section. The official Zoning Map shall be on file
with the city clerk.
2.2 Zoning Districts Established
2.2.1 Summary Table of Zoning Districts
Prior District Name District Name
Residential Districts
A R1 Low Density Residential
B R2 Medium Low Density Residential
C R3 Medium Density Residential
D R4 Medium High Density Residential
E R5 High Density Residential
Mixed-Use Districts
F MX-N1 Neighborhood Mixed-Use
G MX-N2 Neighborhood Mixed-Use
J MX-C Commercial Mixed-Use
K TOD Transit Oriented Development
Non-Residential Districts
H C Commerce - Service/Office
M MX-B Business Mixed-Use
N I General Industrial
Special Purpose Districts
O O Public Open Space
2.3 Residential Districts and Standards
2.3.1 R1 – Low Density Residential
Purpose
The purpose of the R1 (Low Density Residential) zoning district is to conserve low-
density, single-family neighborhoods. This district primarily supports one family
dwellings. Some accessory uses and licensed programs or facilities are permitted.
Conditional uses, such as places for religious assembly, public and private elementary
and secondary schools, golf courses, cemeteries, publicly owned structures, and
conditional home occupations are allowed when approved by the City Council.
Allowed uses are shown in Section 4.2 Allowed Use Table.
R1 Dimensional Standards
Building Setbacks
A Front building setback (minimum) 35 feet (interior lot) or 35 feet along primary street and
15 along secondary street (corner lot)
B Side building setback (minimum) 10 feet
C Rear building setback (minimum) 25 feet
D Lot area – (minimum) 9,500 sq. ft. (interior lot) or 10,500 sq. ft. (corner lot)
E Lot width – one family (minimum) 75 feet (interior lot) or 90 feet (corner lot)
Accessory Structure setback, Interior
Side or Rear (Minimum) 5 feet
Other Standards
F Primary structure height (maximum) 25 feet
Accessory Structure height (Maximum) 16 feet
Density 3-5 units/acre
F
(a) General Regulations
(1) Complete detailed dimensional standards are located in Section 5 – Development
Standards and Incentives.
(2) In R1 districts, every building hereafter erected or structurally altered shall be
located on a lot, and in no case shall there be more than one principal building
on one lot. The term " principal building" shall be given its common, ordinary
meaning; in case of doubt, or on any question of interpretation, the decision shall
rest with the Zoning Administrator.
(3) All dwellings shall be on permanent foundations which comply with the State
Building Code, except that accessory uses such as screened or enclosed porches,
canopies, decks, balconies, stairs, etc., may be placed on a noncontinuous
permanent foundation as approved by the Building Official.
(4) In the case of permitted dwellings, the dwelling may be located less than ten (10)
feet, but not less than five (5) feet, from not more than one (1) of the established
interior side lot lines, provided:
(1) All other yard setback requirements are met;
(2) The remaining minimum ten (10) foot setback between the dwelling and the lot
line, shall not be used for any accessory building;
(3) The exterior wall of the dwelling, facing the interior side yard of less than ten (10)
feet, shall contain no openings including doors, or windows, or provision for
mechanical equipment.
(5) In instances where an existing single-family dwelling is deficient in its setback
requirements, the building may be expanded along the existing building line,
provided there is no greater encroachment into the required yard area. This
provision in no way permits the expansion of a conforming building resulting in a
setback less than established by this Unified Development Ordinance. In no case
shall the expansion be closer than five (5) feet from an interior side yard property
line
(6) Where no more than three interior lots have frontage on a "cross street," and
where the corner lots are developed so that one side yard of each corner lot faces
the "cross street," the front yard setback of the interior lots may conform to the
side yard setbacks of the corner primary structures.
(7) Permitted Encroachments into the regular setbacks are listed in Section XXX.X.X
of this UDO.
Commented [MT1]: For commission review
There are several pieces of content in the General Regulations
for the following Districts that are identical. An alternative
option to listed them multiple times in section 2, is to list them
collectively in Section 5 – Development Standards and
Incentives. While this would create an additional location to
reference, it would simplify, clarify, and streamline Section 2.
Additionally, there are some common regulations amongst
smaller groups of districts. Rather than list multiple times,
these could also be listed within their respective categories in
Section 5. Common regulation groups include:
R1 & R2
R3-R5
MX-N1 & MN-N2
Commented [MT2]: Reference location pending final UDO
edits
2.3.2 R2 – Medium Low Density Residential
Purpose
The purpose of the R2 (Medium Low Density Residential) zoning district is to allow for
smaller lot sizes or two-family dwellings in residential neighborhoods. This district
primarily supports one- and two-family dwellings. Some accessory uses and licensed
programs or facilities are permitted. Conditional uses, such as places for religious
assembly, public and private elementary and secondary schools, golf courses, nursing
homes, cemeteries, publicly-owned structures, and special home occupations are
allowed when approved by the City Council. Allowed uses are shown in Section 4.2
R2 Dimensional Standards
H
Building Setbacks
A Front building setback (minimum) 35 feet (interior lot) or 35 feet along primary street
and 15 along secondary street (corner lot)
B Side building setback (minimum) 10 feet
C Rear building setback (minimum) 20 feet
D Lot area – one family per unit (minimum) 7,600 sq. Ft. (interior lot) or 8,500 sq. Ft. (corner lot)
E Lot area – two family (minimum) 5,000 sq. Ft./unit (interior and corner lot)
F Lot width – one family (minimum) 60 feet (interior lot) or 75 feet (corner lot)
G Lot width – two family (minimum) 75 feet (interior lot) or 90 feet (corner lot)
Accessory Structure setback, Interior Side
or Rear (Minimum) 5 feet
Other Standards
H Primary structure height (maximum) 25 feet
Accessory Structure Height (Maximum) 16 feet
Density 3-10 units/acre
General Regulations
(1) Complete detailed dimensional standards are located in Section 5 – Development
Standards and Incentives.
(2) Every building hereafter erected or structurally altered shall be located on a lot,
and in no case shall there be more than one principal building on one lot. The
term " principal building" shall be given its common, ordinary meaning; in case of
doubt, or on any question of interpretation, the decision shall rest with the
Zoning Administrator.
(3) All dwellings shall be on permanent foundations which comply with the State
Building Code, except that accessory uses such as screened or enclosed porches,
canopies, decks, balconies, stairs, etc., may be placed on a noncontinuous
permanent foundation as approved by the Building Official.
(4) In the case of permitted dwellings, the dwelling may be located less than ten (10)
feet, but not less than five (5) feet, from not more than one (1) of the established
interior side lot lines, provided:
(4) All other yard setback requirements are met;
(5) The remaining minimum ten (10) foot setback between the dwelling and the lot
line, shall not be used for any accessory building;
(6) The exterior wall of the dwelling, facing the interior side yard of less than ten (10)
feet, shall contain no openings including doors, or windows, or provision for
mechanical equipment.
(7) In instances where an existing single-family dwelling is deficient in its setback
requirements, the building may be expanded along the existing building line,
provided there is no greater encroachment into the required yard area. This
provision in no way permits the expansion of a conforming building resulting in a
setback less than established by this Unified Development Ordinance. In no case
shall the expansion be closer than five (5) feet from an interior side yard property
line.
(8) Where no more than three interior lots have frontage on a "cross street," and
where the corner lots are developed so that one side yard of each corner lot faces
the "cross street," the front yard setback of the interior lots may conform to the
side yard setbacks of the corner primary structures.
(9) Permitted Encroachments into the regular setbacks are listed in Section XXX.X.X
of this UDO.
Commented [MT3]: Reference location pending final UDO
edits
2.3.3 R3 – Medium Density Residential
Purpose
The purpose of the R3 (Medium Density Residential) zoning district is to provide
medium-density housing in townhouses, or condominium single family attached
dwelling units. This district primarily supports attached single-family dwellings, but
small lot, detached single-family dwellings are permitted as well. Other permitted
uses include parks, directly related accessory uses, and some licensed programs or
facilities. Allowed uses are shown in Section 4.2 Allowed Use Table.
R3 Dimensional Standards
Building Setbacks
A Front building setback (minimum) 35 feet (interior lot) or 35 feet along primary street and 15
along secondary street (corner lot)
B Side building setback (minimum) 10 feet
C Rear building setback (minimum) 40 feet
D Lot area – (minimum) 4,000 sq. ft. per unit
E Lot width – (minimum) 25 feet
Accessory Structure setback, Interior
Side or Rear (minimum) 5 feet
Other Standards
F Primary structure height (maximum) 35 feet
Accessory structure height
(Maximum) 16 feet
Density 5-10 units/acre
General Regulations
(1) Complete detailed dimensional standards are located in Section 5 – Development
Standards and Incentives
(2) Every building hereafter erected or structurally altered shall be located on a lot,
and in no case shall there be more than one principal building on one lot. The
term " principal building" shall be given its common, ordinary meaning; in case of
doubt, or on any question of interpretation, the decision shall rest with the
Zoning Administrator.
(3) All dwellings shall be on permanent foundations which comply with the State
Building Code, except that accessory uses such as screened or enclosed porches,
canopies, decks, balconies, stairs, etc., may be placed on a noncontinuous
permanent foundation as approved by the Building Official.
(4) Permitted Encroachments into the regular setbacks are listed in Section XXX.X.X
of this UDO.
Commented [MT4]: Reference location pending final UDO
edits
2.3.4 R4 – Medium High Density Residential
Purpose
The purpose of the R4 (Medium High Density Residential) zoning district is to provide
medium- to high-density housing in multiple family dwellings. This district primarily
supports multi-family dwellings, but some attached single-family dwellings may also
be permitted. Nursing care homes, certain service-office uses, places for religious
assembly, and public and private elementary and secondary schools are allowed as
conditional uses. Allowed uses are shown in Section 4.2 Allowed Use Table.
(a) R4 Dimensional Standards
Building Setbacks
A Front building setback (minimum) 35 feet along primary street and secondary street (corner
lot)
B Side building setback (minimum) 10 feet
C Rear building setback (minimum) 40 feet
D Lot area (minimum) 2,200 sq. ft. per unit
E Lot width (minimum) 100 feet
Accessory Structure setback, Interior
side or rear (minimum) 5 feet
Other Standards
F Primary structure height (maximum) 40 feet
Accessory Structure height
(maximum) 16 feet
Density 10-25 Units/acre
(b) General Regulations
(1) Complete detailed dimensional standards are located in Section 5 – Development
Standards and Incentives.
(2) Every building hereafter erected or structurally altered shall be located on a lot,
and in no case shall there be more than one principal building on one lot. The
term " principal building" shall be given its common, ordinary meaning; in case of
doubt, or on any question of interpretation, the decision shall rest with the
Zoning Administrator.
(3) The required total minimum land area may be reduced 500 square feet for each
required parking stall constructed completely underground, or otherwise
provided in an integrated parking structure.
(4) Permitted Encroachments into the regular setbacks are listed in Section XXX.X.X
of this UDO.
(5) In the case of corner lots, the lot lines not abutting street right-of-way shall, for
the purpose of this Unified Development Ordinance, be considered side-interior
lot lines, and except as otherwise provided, the use shall adhere to the setback
requirements set out for interior side yards.
(6) For lots abutting R1 and R2 Districts, other than at a public street line
(A) When a building exceeds 25 feet in height the setback from
the R1 or R2 property shall be no less than equal to the height
of the building, unless the building steps down to no greater
than 25 feet on the side abutting the R1 or R2 zone.
(B) A 15-foot-wide buffer strip on the side abutting the R1 or R2
District shall be provided which meets the following
provisions:
i. The buffer strip shall be landscaped and not be used for parking,
garages, driveways, off-street loading or storage.
ii. The buffer strip shall contain an opaque fence, which is at least four
feet in height.
iii. The City Council may approve an alternative screening device design,
provided it is in harmony with the residential neighborhood and
provides a similar level of screening to an opaque fence.
Commented [MT5]: Reference location pending final UDO
edits
2.3.5 R5 – High Density Residential
(a) Purpose
The purpose of the R5 (High Density Residential) zoning district is to provide high-
density housing in multiple family dwellings. This district is mostly developed with
townhomes, apartments, and condominiums. Accessory uses including, but not
limited to, neighborhood amenities, parks and open spaces are a part of this
designation. Future development or redevelopment of HDR land is planned to be
consistent with this land use designation and compatible with surrounding and
adjacent land uses. Allowed uses are shown in Section 4.2 Allowed Use Table.
R5 Dimensional Standards
Building Setbacks
A Front building setback (minimum) 35 feet along primary street and secondary
street (corner lot)
B Side building setback (minimum) 10 feet
C Rear building setback (minimum) 40 feet
D Lot area (minimum) 1,400 sq. ft. per unit
E Lot width (minimum) 100 feet
Accessory Structure setback, Interior side or
rear (minimum) 5 feet
Other Standards
F Primary structure height (maximum) 48 feet
Accessory Structure height (maximum) 16 feet
Density 20-31 Units/acre
General Regulations
(1) Complete detailed dimensional standards are located in Section 5 – Dimensional
Standards.
(2) Every building hereafter erected or structurally altered shall be located on a lot,
and in no case shall there be more than one principal building on one lot. The
term "principal building" shall be given its common, ordinary meaning; in case of
doubt, or on any question of interpretation, the decision shall rest with the
Zoning Administrator.
(3) The required total minimum land area may be reduced 500 square feet for each
required parking stall constructed completely underground, or otherwise
provided in an integrated parking structure.
(4) Permitted Encroachments into the regular setbacks are listed in Section XXX.X.X
of this UDO.
(5) In the case of corner lots, the lot lines not abutting street right-of-way shall, for
the purpose of this Unified Development Ordinance, be considered side-interior
lot lines, and except as otherwise provided, the use shall adhere to the setback
requirements set out for interior side yards.
(6) Lots Abutting R1 and R2 Districts, other than at a public street line
Commented [MT6]: Reference location pending final UDO
edits
(A) When a building exceeds 25 feet in height the setback from
the R1 or R2 property shall be no less than equal to the height
of the building, unless the building steps down to no greater
than 25 feet on the side abutting the R1 or R2 zone.
(B) A 15-foot-wide buffer strip on the side abutting the R1 or R2
District shall be provided which meets the following
provisions:
(C) The buffer strip shall be landscaped and not be used for
parking, garages, driveways, off-street loading or storage.
(D) The buffer strip shall contain an opaque fence, which is at
least four feet in height.
2.4 Mixed-Use Districts
2.4.1 MX-N1 – Neighborhood Mixed-Use
Purpose
This district accommodates low- to medium-density residential and multi-family
residential development, with or without small scale ground floor non-residential
uses. In addition, it accommodates the reuse of residential structures with frontage
on an arterial street for a wide variety of residential and non-residential uses. It is
intended primarily for use along arterial corridors, at or near major intersections, and
adjacent areas zoned MX-N2 or similarly zoned higher density uses. Allowed uses are
shown in Section 4.2 Allowed Use Table.
MX-N1 Dimensional Standards
Building Setbacks
A Front build-to line (min-max) 5-20 feet on primary and secondary street
frontage
B Side building setback (minimum) 10 feet
C Rear building setback (minimum) 20 feet
D Minimum lot size N/A
Accessory Structure setback, Interior side or
rear (minimum) 5 feet
Other Standards
E Structure height (maximum) 48 feet
Density 15-31 Units/acre
Accessory Structure height (maximum) 20 feet
Maximum size of individual non-residential
use 7,500 Square Feet
General Regulations
(1) Complete detailed dimensional standards are located in Section 5 – Development
Standards and Incentives.
(2) Every building hereafter erected or structurally altered shall be located on a lot,
and in no case shall there be more than one principal building on one lot. The
term "principal building" shall be given its common, ordinary meaning; in case of
doubt, or on any question of interpretation, the decision shall rest with the
Zoning Administrator.
(3) The required total minimum land area may be reduced 500 square feet for each
required parking stall constructed completely underground, or otherwise
provided in an integrated parking structure.
(4) Permitted Encroachments into the regular setbacks are listed in Section XXX.X.X
of this UDO.
(5) In the case of corner lots, the lot lines not abutting street right-of-way shall, for
the purpose of this Unified Development Ordinance, be considered side-interior
lot lines, and except as otherwise provided, the use shall adhere to the setback
requirements set out for interior side yards.
(6) After the effective date of this UDO, no new or additional vehicle parking spaces
may be created between the front façade of an existing or new structure and the
primary street frontage of the lot unless otherwise permitted by the zoning
administrator.
(7) Lots Abutting R1 and R2 Districts, other than at a public street line
a. When a building exceeds 25 feet in height the setback from the
R1 or R2 property shall be no less than equal to the height of the
building, unless the building steps down to no greater than 25
feet on the side abutting the R1 or R2 zone.
Commented [MT7]: Reference location pending final UDO
edits
b. A 15-foot-wide buffer strip on the side abutting the R1 or R2
District shall be provided which meets the following provisions:
1. The buffer strip shall be landscaped and not be used for
parking, garages, driveways, off-street loading or
storage.
2. The buffer strip shall contain an opaque fence, which is
at least four feet in height.
3. The City Council may approve an alternative screening
device design, provided it is in harmony with the
residential neighborhood and provides a similar level of
screening to an opaque similar level of screening to an
opaque fence.
Building and Site Design
(1) At least 50 percent of the first floor of the front façade of each primary building
shall be located not more than ten feet from the front lot line.
(2) Each primary structure shall have at least one pedestrian entrance on each façade
facing a public right-of-way.
(3) Each required pedestrian entrance for a nonresidential use shall open directly to
the adjacent sidewalk without requiring pedestrians to pass through a lobby area,
garage, parking lot, or a non-pedestrian area located between the building
entrance and the entrance to individual ground floor nonresidential
establishments in the building.
(4) At least 50 percent of each building façade facing a street, park, plaza, or other
public space (not including areas occupied by doors or windows), shall be faced
in brick, stone, cultured stone, real stucco, or other material of equivalent visual
attractiveness, quality, and durability as determined by the Zoning Administrator.
(5) Each ground floor façade for a nonresidential use facing a public right-of-way
shall have transparent windows or other transparent glazed areas covering at
least 50 percent of the ground floor façade area between three and eight feet
above sidewalk grade. Required glazed areas shall have a visible light
transmittance ratio of 0.6 or higher, and shall not include reflective, heavily tinted,
or black glass windows.
Streets and Public Space
(1) Should new blocks be established, blocks shall be between 300 and 500 feet in
length and shall have a block perimeter no greater than 2,000 feet.
(2) Bicycle and pedestrian facilities shall be constructed and connected to existing
adjacent bicycle and pedestrian infrastructure, including the provision of bicycle
parking.
(3) Attractive public gathering/seating areas, quality streetscaping, and space for
outdoor seating shall be integrated into the site design.
(4) A six-foot minimum clear width shall be maintained on all walkways
(5) Public spaces shall be designed to promote social interaction, leisure
opportunities, public gathering and activities, and/or to create focal points and
activity nodes within development.
2.4.2 MX-N2 Neighborhood Mixed-Use
Purpose
This district supports small-scale, mixed-use neighborhood activity centers with
comfortable gathering places that are located and scaled to provide
minor/convenience services near low density residential neighborhoods.
Requirements for this zoning district avoid strip development patterns and the
creation of destination retail or business uses serving areas beyond the immediate
neighborhood. Allowed uses are shown in Section 4.2 Allowed Use Table.
MX-N2 Dimensional Standards
Building Setbacks
A Front build-to line (min-max) 5-20 feet on primary and secondary street
frontage
B Side building setback (minimum) 10 feet
C Rear building setback (minimum) 10 feet
D Minimum lot size N/A
Accessory Structure setback, Interior side or
rear (minimum) 5 feet
Other Standards
E Structure height (maximum) 48 feet
Density 15-31 Units/acre
Accessory Structure height (maximum) 20 feet
Maximum size of individual non-residential
use 10,000 Square Feet
General Regulations
(1) Complete detailed dimensional standards are located in Section 5 – Development
Standards and Incentives.
(2) Every building hereafter erected or structurally altered shall be located on a lot,
and in no case shall there be more than one principal building on one lot. The
term "principal building" shall be given its common, ordinary meaning; in case of
doubt, or on any question of interpretation, the decision shall rest with the
Zoning Administrator.
(3) The required total minimum land area may be reduced 500 square feet for each
required parking stall constructed completely underground, or otherwise
provided in an integrated parking structure.
(4) Permitted Encroachments into the regular setbacks are listed in Section XXX.X.X
of this UDO.
(5) In the case of corner lots, the lot lines not abutting street right-of-way shall, for
the purpose of this Unified Development Ordinance, be considered side-interior
lot lines, and except as otherwise provided, the use shall adhere to the setback
requirements set out for interior side yards.
Building and Site Design
(1) At least 50 percent of the first floor of the front façade of each primary building
shall be located not more than ten feet from the front lot line.
(2) Each primary structure shall have at least one pedestrian entrance on each façade
facing a public right-of-way.
(3) Each required pedestrian entrance for a nonresidential use shall open directly to
the adjacent sidewalk without requiring pedestrians to pass through a lobby area,
garage, parking lot, or a non-pedestrian area located between the building
entrance and the entrance to individual ground floor nonresidential
establishments in the building.
Commented [MT8]: Reference location pending final UDO
edits
(4) At least 50 percent of each building façade facing a street, park, plaza, or other
public space (not including areas occupied by doors or windows), shall be faced
in brick, stone, cultured stone, real stucco, or other material of equivalent visual
attractiveness, quality, and durability as determined by the Zoning Administrator.
(5) Each ground floor façade for a nonresidential use facing a public right-of-way
shall have transparent windows or other transparent glazed areas covering at
least 50 percent of the ground floor façade area between three and eight feet
above sidewalk grade. Required glazed areas shall have a visible light
transmittance ratio of 0.6 or higher, and shall not include reflective, heavily tinted,
or black glass windows.
(6) After the effective date of this UDO, no new or additional vehicle parking spaces
may be created between the front façade of an existing or new structure and the
primary street frontage of the lot unless otherwise permitted by the zoning
administrator.
(7) Lots Abutting R1 and R2 Districts, other than at a public street line
(A) When a building exceeds 25 feet in height the setback from
the R1 or R2 property shall be no less than equal to the height
of the building, unless the building steps down to no greater
than 25 feet on the side abutting the R1 or R2 zone.
(B) A 15-foot-wide buffer strip on the side abutting the R1 or R2
District shall be provided which meets the following
provisions:
i. The buffer strip shall be landscaped and not be used for parking,
garages, driveways, off-street loading or storage.
ii. The buffer strip shall contain an opaque fence, which is at least four
feet in height.
iii. The City Council May approve an alternative screening device design,
provided it is in harmony with the residential neighborhood and
provides a similar level of screening to an opaque similar level of
screening to an opaque fence.
Streets and Public Space
(1) Should new blocks be established, blocks shall be between 300 and 500 feet in
length and shall have a block perimeter no greater than 2,000 feet.
(2) Bicycle and pedestrian facilities shall be constructed and connected to existing
adjacent bicycle and pedestrian infrastructure, including the provision of bicycle
parking.
(3) Attractive public gathering/seating areas, quality streetscaping, and space for
outdoor seating shall be integrated into the site design.
(4) A six-foot minimum clear width shall be maintained on all walkways
(5) Public spaces shall be designed to promote social interaction, leisure
opportunities, public gathering and activities, and/or to create focal points and
activity nodes within development.
2.4.3 MX-C Commercial Mixed-Use
Purpose
The MX-C designation guides land for a hybrid urban form of commercial, office,
retail, service and residential uses. This designation is intended primarily for areas
adjacent to TOD and is planned to have a more significant proportion of the land use
designated for commercial, office, retail, and service uses with supporting residential
uses. A minimum of 50% of the land use is planned for residential development at
densities slightly lower than the adjacent TOD land use designation. This land use
designation will focus on walkable and bikeable connections to adjacent land uses
and selected destination nodes along transit corridors. Allowed uses are shown in
Section 4.2 Allowed Use Table.
MX-C Dimensional Standards
Building Setbacks
A Front building setback (minimum) 10 feet on primary and secondary street
frontage
B Side building setback (minimum) 10 feet
C Rear building setback (minimum) 20 feet
D Lot width (minimum) 100 feet
Accessory Structure setback, Interior side or
rear (minimum) 5 feet
Other Standards
E Structure Height 48 ft
Density 10-60 Units/acre
Lot Area Minimum 2 acres contiguous parcel for
residential uses
Accessory Structure height (maximum) 20 feet
General Regulations
(1) Complete detailed dimensional standards are located in Section 5 – Development
Standards and Incentives.
(2) Every building hereafter erected or structurally altered shall be located on a lot,
and in no case shall there be more than one principal building on one lot. The
term "principal building" shall be given its common, ordinary meaning; in case of
doubt, or on any question of interpretation, the decision shall rest with the
Zoning Administrator.
(3) The required total minimum land area may be reduced 500 square feet for each
required parking stall constructed completely underground, or otherwise
provided in an integrated parking structure.
(4) Permitted Encroachments into the regular setbacks are listed in Section XXX.X.X
of this UDO.
(5) In the case of corner lots, the lot lines not abutting street right-of-way shall, for
the purpose of this Unified Development Ordinance, be considered side-interior
lot lines, and except as otherwise provided, the use shall adhere to the setback
requirements set out for interior side yards.
Commented [MT9]: Reference location pending final UDO
edits
Building and Site Design
(1) Interior side yard setback requirements may be waived where abutting property
owners wish to abut along a common wall built along the property line.
(2) Lots Abutting R1 and R2 Districts, other than at a public street line
(A) When a building exceeds 25 feet in height the setback from the R1 or R2
property shall be no less than equal to the height of the building, unless
the building steps down to no greater than 25 feet on the side abutting
the R1 or R2 zone.
(B) A 15-foot-wide buffer strip on the side abutting the R1 or R2 District shall
be provided which meets the following provisions:
1. The buffer strip shall be landscaped and not be used for parking,
garages, driveways, off-street loading or storage.
2. The buffer strip shall contain an opaque fence, which is at least
four feet in height.
3. The City Council may approve an alternative screening device
design, provided it is in harmony with the residential
neighborhood and provides a similar level of screening to an
opaque similar level of screening to an opaque fence.
2.4.4 Transit Oriented Development
Purpose
This district supports opportunities for transit-supportive and transit-oriented
development. The TOD district requires intensities and patterns of development that
support vibrant pedestrian activity, and discourages land uses and development
patterns that could decrease walkability or interfere with future growth of transit-
oriented development and transit ridership. The district promotes sustainable urban
places that include places to live, work, shop, and recreate, reduce reliance on
automobiles, and encourage the use of public transit. The district fosters job creation
and economic growth in proximity to transit and provides citizens with new housing
and lifestyle choices with a high level of amenities and social interaction spaces.
Allowed uses are shown in Section 4.2 Allowed Use Table.
TOD Dimensional Standards
Building Setbacks
A Front building setback (maximum) 0-10 feet both primary and secondary street
frontage
B Side building setback (minimum) 10 feet, or 50 feet if abutting a R1 or R2 district
C Rear building setback (minimum)
If no alley: 10 feet; If alley: 5 feet
Except as required by Fire Code
50 feet if abutting an R1 or R2 district
Accessory Structure setback, Interior
side or rear (minimum) 5 feet
Other Standards
D Block Perimeter (maximum) 2000 ft
E Structure Height No Limit
Density 31-130 Units/acre
Accessory Structure height (maximum) 20 feet
General Regulations
(1) Complete detailed dimensional standards are located in Section 5 – Development
Standards and Incentives.
(2) Every building hereafter erected or structurally altered shall be located on a lot,
and in no case shall there be more than one principal building on one lot. The
term "principal building" shall be given its common, ordinary meaning; in case of
doubt, or on any question of interpretation, the decision shall rest with the
Zoning Administrator.
Commented [MT10]: For Commission Review
(3) The required total minimum land area may be reduced 500 square feet for each
required parking stall constructed completely underground, or otherwise
provided in an integrated parking structure.
(4) Permitted Encroachments into the regular setbacks are listed in Section XXX.X.X
of this UDO.
(5) In the case of corner lots, the lot lines not abutting street right-of-way shall, for
the purpose of this Unified Development Ordinance, be considered side-interior
lot lines, and except as otherwise provided, the use shall adhere to the setback
requirements set out for interior side yards.
Building and Site Design
(1) At least 60 percent of the first floor of the front façade of each primary building
shall be located not more than eight feet from each lot line.
(2) Each primary structure shall have at least one pedestrian entrance on each façade
facing a public right-of-way.
(3) Each required pedestrian entrance for a nonresidential use shall open directly to
the adjacent sidewalk without requiring pedestrians to pass through a lobby area,
garage, parking lot, or a non-pedestrian area located between the building
entrance and the entrance to individual ground floor nonresidential
establishments in the building.
(4) At least 50 percent of each building façade facing a street, park, plaza, or other
public space (not including areas occupied by doors or windows), shall be faced
in brick, stone, cultured stone, real stucco, or other material of equivalent visual
attractiveness, quality, and durability as determined by the Zoning Administrator.
(5) At least 50 percent of the ground floor of any parking structure abutting a public
street shall have habitable or commercial space for a depth of at least 30 feet.
(6) Each ground floor façade for a nonresidential use facing a public right-of-way
shall have transparent windows or other transparent glazed area covering at least
65 percent of the ground floor façade area between three and eight feet above
sidewalk grade. Required glazed areas shall have a visible light transmittance
ratio of 0.6 or higher, and shall not include reflective, heavily tinted, or black glass
windows.
(7) Non-residential ground floor areas facing streets shall be designed with a
minimum height of 13 feet to accommodate retail or other uses generating
pedestrian traffic.
Streets and Public Space
(1) Should new blocks be established, blocks shall be between 300 and 500 feet in
length and shall have a block perimeter no greater than 2,000 feet.
(2) Bicycle and pedestrian facilities shall be constructed and connected to existing
adjacent bicycle and pedestrian infrastructure, including the provision of bicycle
parking.
(3) Each development in the TOD district shall support walkability, multimodal
connectivity, and public space principles and goals outlined in the City
Comprehensive Plan, cohesive with the surrounding context, and:
Commented [MT11]: Reference location pending final UDO
edits
(A) Integrate attractive public gathering/seating areas, quality
streetscaping, and space for sidewalk cafes while maintaining
a six-foot minimum clear zone for pedestrian passage,
(B) Allocate a portion of TDC for landscaping, streetscaping,
public art and/or placemaking elements.
(4) Public spaces shall be designed to promote social interaction, leisure
opportunities, public gathering and activities, and/or to create focal points and
activity nodes within development.
(5) Along all public streets, all utility boxes and above-ground utility installations
other than street and pedestrian light poles, traffic safety signals, and fire
hydrants shall comply with the following standards to the maximum extent
practicable and consistent with their function:
(6) They shall be located to the side or rear of buildings; or
(C) Where a side or rear location is impracticable, they shall be
set back a minimum of three feet from the sidewalk, and the
three foot minimum setback shall be landscaped with
shrubbery that will screen the utility structure from public
view.
(7) Interior side yard setback requirements may be waived where abutting property
owners wish to abut along a common wall built along the property line.
Motor Vehicle Parking
At least 70 percent of provided parking shall be located in structured or covered
parking
Density and Incentive Bonuses
See section 5.2.1 for Density Bonus program details
2.5 Non-Residential Districts
2.5.1 C – Commerce – Service/Office District
Purpose
This district supports commerce activity in the form of the retail sale, eating
establishments, service/office uses, repair/service uses, medical and health uses,
contract/construction uses, educational uses, and other uses similar in nature, as
determined by the City Council. This district supports service and office uses. Allowed
uses are shown in Section 4.2 Allowed Use Table.
C Dimensional Standards
Building Setbacks
A Front building setback (minimum) 35 feet primary and secondary street frontage
B Side building setback (minimum) 10 feet
C Rear building setback (minimum) 40 feet
D Lot width (minimum) 100 feet
Other Standards
E Primary structure height (maximum) 40 feet
General Regulations
(1) Complete detailed dimensional standards are located in Section 5 – Development
Standards and Incentives.
(2) Every building hereafter erected or structurally altered shall be located on a lot,
and in no case shall there be more than one principal building on one lot. The
term "principal building" shall be given its common, ordinary meaning; in case of
doubt, or on any question of interpretation, the decision shall rest with the
Zoning Administrator.
(3) The required total minimum land area may be reduced 500 square feet for each
required parking stall constructed completely underground, or otherwise
provided in an integrated parking structure.
(4) Permitted Encroachments into the regular setbacks are listed in Section XXX.X.X
of this UDO.
(5) In the case of corner lots, the lot lines not abutting street right-of-way shall, for
the purpose of this Unified Development Ordinance, be considered side-interior
lot lines, and except as otherwise provided, the use shall adhere to the setback
requirements set out for interior side yards.
Building and Site Design
Interior side yard setback requirements may be waived where abutting property
owners wish to abut along a common wall built along the property line.
Lots Abutting R1 and R2 Districts
(1) When a building in a Commercial zone exceeds 25 feet in height and abuts an R1
or R2 zone, the setback of this building from the R1 or R2 property shall be no
less than equal to the height of the building, unless the building steps down to
no greater than 25 feet on the side abutting the R1 or R2 zone.
(2) In the case of corner lots, the lot lines not abutting street right-of-way shall, for
the purpose of this Unified Development Ordinance, be considered side-interior
lot lines, and except as otherwise provided, the use shall adhere to the setback
requirements set out for interior side yards.
Commented [MT12]: Reference location pending final UDO
edits
2.5.2 MX-B – Business Mixed Use
Purpose
The MX-B designation guides land for a mix of business and light industrial uses with
allowance for supporting retail/service uses. This designation encourages
redevelopment or development of commercial, office, general business and light
industrial uses in coordination with supporting retail/commercial uses to encourage a
more dynamic and connected experience for workers. This land use does not plan for
residential uses but may include limited live-work opportunities as established
through supporting official controls. Allowed uses are shown in Section 4.2 Allowed
Use Table.
MX-B Dimensional Standards
Building Setbacks
A Front building setback (minimum) 35 feet primary and secondary street frontage
B Side building setback (minimum) 10 feet
C Rear building setback (minimum) 25 feet
D Lot width (minimum) 100 feet
General Regulations
(1) Complete detailed dimensional standards are located in Section 5 – Development
Standards and Incentives.
(2) Every building hereafter erected or structurally altered shall be located on a lot,
and in no case shall there be more than one principal building on one lot. The
term "principal building" shall be given its common, ordinary meaning; in case of
doubt, or on any question of interpretation, the decision shall rest with the
Zoning Administrator.
(3) The required total minimum land area may be reduced 500 square feet for each
required parking stall constructed completely underground, or otherwise
provided in an integrated parking structure.
(4) Permitted Encroachments into the regular setbacks are listed in Section XXX.X.X
of this UDO.
(5) In the case of corner lots, the lot lines not abutting street right-of-way shall, for
the purpose of this Unified Development Ordinance, be considered side-interior
lot lines, and except as otherwise provided, the use shall adhere to the setback
requirements set out for interior side yards.
Building and Site Design
Interior side yard setback requirements may be waived where abutting property
owners wish to abut along a common wall built along the property line.
Lots Abutting R1 and R2 Districts
(1) When a building in a Commercial zone exceeds 25 feet in height and abuts an R1
or R2 zone, the setback of this building from the R1 or R2 property shall be no
less than equal to the height of the building, unless the building steps down to
no greater than 25 feet on the side abutting the R1 or R2 zone.
(2) In the case of corner lots, the lot lines not abutting street right-of-way shall, for
the purpose of this Unified Development Ordinance, be considered side-interior
lot lines, and except as otherwise provided, the use shall adhere to the setback
requirements set out for interior side yards.
Commented [MT13]: Reference location pending final UDO
edits
2.5.3 I – General Industry
Purpose
This district supports industrial uses such as manufacturing, wholesale trade activities,
service activities, truck terminals or exchange stations, public transit terminals, and
other uses similar in nature, as determined by the City Council. Allowed uses are
shown in Section 4.2 Allowed Use Table.
(a) I Dimensional Standard
Building Setbacks
A Front building setback (minimum) 50 feet primary and secondary street frontage
B Side building setback (minimum) 10 feet
C Rear building setback (minimum) 25 feet
D Lot width (minimum) 100 feet
Other Standards
E Primary structure height (maximum) 48 feet
General Regulations
(1) Complete detailed dimensional standards are located in Section 5 – Development
Standards and Incentives.
(2) Every building hereafter erected or structurally altered shall be located on a lot,
and in no case shall there be more than one principal building on one lot. The
term "principal building" shall be given its common, ordinary meaning; in case of
doubt, or on any question of interpretation, the decision shall rest with the
Zoning Administrator.
(3) The required total minimum land area may be reduced 500 square feet for each
required parking stall constructed completely underground, or otherwise
provided in an integrated parking structure.
(4) Permitted Encroachments into the regular setbacks are listed in Section XXX.X.X
of this UDO.
(5) In the case of corner lots, the lot lines not abutting street right-of-way shall, for
the purpose of this Unified Development Ordinance, be considered side-interior
lot lines, and except as otherwise provided, the use shall adhere to the setback
requirements set out for interior side yards.
Building and Site Design
Interior side yard setback requirements may be waived where abutting property
owners wish to abut along a common wall built along the property line.
Lots Abutting R1 and R2 Districts
(1) When a building in a Commercial zone exceeds 25 feet in height and abuts an R1
or R2 zone, the setback of this building from the R1 or R2 property shall be no
less than equal to the height of the building, unless the building steps down to
no greater than 25 feet on the side abutting the R1 or R2 zone.
(2) In the case of corner lots, the lot lines not abutting street right-of-way shall, for
the purpose of this Unified Development Ordinance, be considered side-interior
lot lines, and except as otherwise provided, the use shall adhere to the setback
requirements set out for interior side yards.
Commented [MT14]: Reference location pending final UDO
edits
2.6 Special Purpose Districts
2.6.1 O – Public Open Space
Purpose
This district is intended to preserve or encourage the continuation of lands
designated for public park and open space use. Permitted uses include public parks,
playgrounds, athletic fields, and other recreational uses of a noncommercial nature.
Allowed uses are shown in Section 4.2 Allowed Use Table.
Overlay Districts
Any land which is classified by this Unified Development Ordinance as being within an Overlay
District shall be subject to the regulations governing land use activities within such a district in
addition to the use regulations established in Section 2.2 through Section 2.6 of this Unified
Development Ordinance, and to any other regulations as applicable.
3.1.1 FP – Floodplain
Statutory Authorization, Findings of Fact and Purpose
(1) Statutory Authorization
The legislature of the State of Minnesota has, in Minnesota Statutes Chapter 103F
and Chapter 462 delegated the responsibility to local government units to adopt
regulations designed to minimize flood losses.
(A) Purpose. This Unified Development Ordinance regulates
development in the flood hazard areas of the City of Brooklyn
Center (hereinafter referred to in some cases as the “City”).
These flood hazard areas are subject to periodic inundation,
which may result in loss of life and property, health and safety
hazards, disruption of commerce and governmental services,
extraordinary public expenditures for flood protection and
relief, and impairment of the tax base. It is the purpose of this
Unified Development Ordinance to promote the public health,
safety, and general welfare by minimizing these losses and
disruptions.
(B) National Flood Insurance Program Compliance. This UDO is
adopted to comply with the rules and regulations of the
National Flood Insurance Program.
(C) This UDO is also intended to preserve the natural
characteristics and functions of watercourses and floodplains
in order to moderate flood and stormwater impacts, improve
water quality, reduce soil erosion, protect aquatic and riparian
habitat, provide recreational opportunities, provide aesthetic
benefits and enhance community and economic
development.
General Provisions
(1) How to Use This Section
(A) This section adopts the floodplain maps applicable to the City
of Brooklyn Center and includes three floodplain districts:
Floodway, Flood Fringe, and General Floodplain.
(B) Where Floodway and Flood Fringe districts are delineated on
the floodplain maps, the standards in Sections 3.2.1(d) and
3.2.1(e) will apply, depending on the location of a property.
(C) Locations where Floodway and Flood Fringe districts are not
delineated on the floodplain maps are considered to fall
within the General Floodplain district. Within the General
Floodplain district, the Floodway District standards in Section
3.2.1(d) apply unless the floodway boundary is determined,
according to the process outlined in Section 3.2.1(f) Once the
floodway boundary is determined, the Flood Fringe District
standards in Section 3.2.1(e) may apply outside the floodway.
(2) Lands to Which Section Applies
(A) This section applies to all lands within the jurisdiction of the
City of Brooklyn Center shown on the Official Zoning Map
and/or the attachments to the map as being located within
the boundaries of the Floodway, Flood Fringe, or General
Floodplain Districts.
(B) The Floodway, Flood Fringe and General Floodplain Districts
are overlay districts that are superimposed on all existing
zoning districts. The standards imposed in the overlay districts
are in addition to any other requirements in this Unified
Development Ordinance. In case of a conflict, the more
restrictive standards will apply.
(C) Persons contesting the location of the district boundaries will
be given a reasonable opportunity to present their case to the
(Planning Commission/Board of Adjustment) and to submit
technical evidence.
(3) Incorporation of Maps by Reference
(A) The following maps together with all attached material are
hereby adopted by reference and declared to be a part of the
Official Zoning Map and this Unified Development Ordinance.
The attached material includes the Flood Insurance Study for
Hennepin County, Minnesota, and Incorporated Areas, dated
November 4, 2016 and the Flood Insurance Rate Map panels
enumerated below, dated November 4, 2016, all prepared by
the Federal Emergency Management Agency. These materials
are on file in the offices of the Zoning Administrator and the
City Clerk.
(B) Effective Flood Insurance Rate Map panels numbers as
follows: 27053C0203F; 27053C0204F; 27053C0208F;
27053C0209F; 27053C0212F; 27053C0216F
(4) Regulatory Flood Protection Elevation
The regulatory flood protection elevation (RFPE) is an elevation no lower than
one foot above the elevation of the regional flood plus any increases in flood
elevation caused by encroachments on the floodplain that result from
designation of a floodway.
(5) Interpretation
(A) The boundaries of the zoning districts are determined by
scaling distances on the Flood Insurance Rate Map.
(B) Where a conflict exists between the floodplain limits
illustrated on the official zoning map and actual field
conditions, the flood elevations shall be the governing factor.
The Zoning Administrator must interpret the boundary
location based on the ground elevations that existed on the
site on the date of the first National Flood Insurance Program
map showing the area within the regulatory floodplain, and
other available technical data.
(C) Persons contesting the location of the district boundaries will
be given a reasonable opportunity to present their case to the
Planning Commission and to submit technical evidence.
(6) Abrogation and Greater Restrictions
It is not intended by this section to repeal, abrogate, or impair any existing
easements, covenants, or other private agreements. However, where this section
imposes greater restrictions, the provisions of this Unified Development
Ordinance prevail. All other sections inconsistent with this section are hereby
repealed to the extent of the inconsistency only.
(7) Warning and Disclaimer of Liability
This Unified Development Ordinance does not imply that areas outside the
floodplain districts or land uses permitted within such districts will be free from
flooding or flood damages. This Unified Development Ordinance does not create
liability on the part of the City of Brooklyn Center or its officers or employees for
any flood damages that result from reliance on this Unified Development
Ordinance or any administrative decision lawfully made hereunder.
(8) Annexations
The Flood Insurance Rate Map panels adopted by reference into Section
3.2.1(b)(3) above may include floodplain areas that lie outside of the corporate
boundaries of the City of Brooklyn Center at the time of adoption of this Unified
Development Ordinance. If any of these floodplain land areas are annexed into
the City of Brooklyn Center after the date of adoption of this Unified
Development Ordinance, the newly annexed floodplain lands will be subject to
the provisions of this Unified Development Ordinance immediately upon the date
of annexation.
(9) Detachments
The Flood Insurance Rate Map panels adopted by reference into Section
3.2.1(b)(3) above will include floodplain areas that lie inside the corporate
boundaries of municipalities at the time of adoption of this Unified Development
Ordinance. If any of these floodplain land areas are detached from a municipality
and come under the jurisdiction of the City of Brooklyn Center after the date of
adoption of this Unified Development Ordinance, the newly detached floodplain
lands will be subject to the provisions of this Unified Development Ordinance
immediately upon the date of detachment.
Establishment of Zoning Districts
(1) Districts
(A) Floodway District
The Floodway District includes those areas within Zones AE that have a
floodway delineated as shown on the Flood Insurance Rate Map adopted in
Section 3.2.1(b)(3). For lakes, wetlands and other basins within Zones AE that
do not have a floodway delineated, the Floodway District also includes those
areas that are at or below the ordinary high water level as defined in
Minnesota Statutes, Section 103G.005.
(B) Flood Fringe District
The Flood Fringe District includes areas within Zones AE that have a floodway
delineated on the Flood Insurance Rate Map adopted in Section 3.2.1(b)(3),
but are located outside of the floodway. For lakes, wetlands and other basins
within Zones AE that do not have a floodway delineated, the Flood Fringe
District also includes those areas below the one percent (1%) annual chance
(100-year) flood elevation but above the ordinary high water level as defined
in Minnesota Statutes, Section 103G.005.
(C) General Floodplain District
The General Floodplain District includes those areas within Zone A as shown
on the Flood Insurance Rate Map adopted in Section 3.2.1(b)(3).
(2) Applicability
Within the floodplain districts established in this Unified Development Ordinance,
the use, size, type and location of development must comply with the terms of
this ordinance and other applicable regulations. In no cases shall floodplain
development adversely affect the efficiency or unduly restrict the capacity of the
channels or floodways of any tributaries to the mainstream, drainage ditches, or
any other drainage facilities or systems. All uses not listed as permitted uses or
conditional uses in Section 3.2.1(d), Section 3.2.1(e), and Section 3.2.1(e)(f) noted
herein are prohibited. In addition, critical facilities, as defined in Section
3.2.1(b)(9)(A) are prohibited in all floodplain districts.
Floodway District (FW)
(1) Permitted Uses
The following uses, subject to the standards set forth in Section 3.2.1(d)(2) below
are permitted uses if otherwise allowed in the underlying zoning district or any
applicable overlay district:
(A) General farming, pasture, grazing, outdoor plant nurseries,
horticulture, truck farming, forestry, sod farming, and wild
crop harvesting.
(B) Industrial-commercial loading areas, parking areas, and
airport landing strips.
(C) Open space uses, including but not limited to private and
public golf courses, tennis courts, driving ranges, archery
ranges, picnic grounds, boat launching ramps, swimming
areas, parks, wildlife and nature preserves, game farms, fish
hatcheries, shooting preserves, hunting and fishing areas, and
single or multiple purpose recreational trails.
(D) Residential lawns, gardens, parking areas, and play areas.
(E) Railroads, streets, bridges, utility transmission lines and
pipelines, provided that the Department of Natural Resources’
Area Hydrologist is notified at least ten days prior to issuance
of any permit.
(2) Standards for Floodway Permitted Uses
(A) The use must have a low flood damage potential.
(B) The use must not obstruct flood flows or cause any increase
in flood elevations and must not involve structures,
obstructions, or storage of materials or equipment.
(C) Any facility that will be used by employees or the general
public must be designed with a flood warning system that
provides adequate time for evacuation if the area is
inundated to a depth and velocity such that the depth in feet)
multiplied by the velocity ( in feet per second) would exceed a
product of four upon occurrence of the regional (1% chance)
flood.
(3) Conditional Uses
The following uses may be allowed as conditional uses following the standards
and procedures set forth in Section 3.2.1(j)(4) of this Unified Development
Ordinance and further subject to the standards set forth in Section 3.2.1(d)(4)
below, if otherwise allowed in the underlying zoning district or any applicable
overlay district.
(A) Structures accessory to the uses listed in Section 3.2.1(d)(1)(A),
(1)(B), and (1)(C) above and the uses listed in in Section
3.2.1(d)(3)(A) and (3)(B) below.
(B) Extraction and storage of sand, gravel, and other materials.
(C) Marinas, boat rentals, docks, piers, wharves, and water control
structures.
(D) Storage yards for equipment, machinery, or materials.
(E) Placement of fill or construction of fences that obstruct flood
flows. Farm fences, as defined Section 3.2.1(b)(9)(A) are
permitted uses.
(F) Travel-ready recreational vehicles meeting the exception
standards in Section 3.2.1(i)(2)(B).
(G) Levees or dikes intended to protect agricultural crops for a
frequency flood event equal to or less than the 10-year
frequency flood event.
(4) Standards for Floodway Conditional Uses
All Uses.
A conditional use must not cause any increase in the stage of the 1% chance
or regional flood or cause an increase in flood damages in the reach or
reaches affected.
(A) Fill; Storage of Materials and Equipment:
i. The storage or processing of materials that are, in time of flooding,
flammable, explosive, or potentially injurious to human, animal, or
plant life is prohibited.
ii. Fill, dredge spoil, and other similar materials deposited or stored in
the floodplain must be protected from erosion by vegetative cover,
mulching, riprap or other acceptable method. Permanent sand and
gravel operations and similar uses must be covered by a long-term
site development plan.
iii. Temporary placement of fill, other materials, or equipment which
would cause an increase to the stage of the 1% percent chance or
regional flood may only be allowed if the City has approved a plan
that assures removal of the materials from the floodway based upon
the flood warning time available.
(B) Accessory Structures.
Accessory structures, as identified in Section 3.2.1(d)(3)(A) above may be
permitted, provided that:
i. structures are not intended for human habitation;
ii. structures will have a low flood damage potential;
iii. structures will be constructed and placed so as to offer a minimal
obstruction to the flow of flood waters;
iv. Service utilities, such as electrical and heating equipment, within
these structures must be elevated to or above the regulatory flood
protection elevation or properly floodproofed;
v. Structures must be elevated on fill or structurally dry floodproofed in
accordance with the FP1 or FP2 floodproofing classifications in the
State Building Code. All floodproofed structures must be adequately
anchored to prevent flotation, collapse or lateral movement and
designed to equalize hydrostatic flood forces on exterior walls.
vi. As an alternative, an accessory structure may be internally/wet
floodproofed to the FP3 or FP4 floodproofing classifications in the
State Building Code, provided the accessory structure constitutes a
minimal investment and does not exceed 576 square feet in size.
Designs for meeting this requirement must either be certified by a
registered professional engineer or meet or exceed the following
criteria:
a. To allow for the equalization of hydrostatic pressure, there
must be a minimum of two “automatic” openings in the
outside walls of the structure, with a total net area of not less
than one square inch for every square foot of enclosed area
subject to flooding; and
b. There must be openings on at least two sides of the structure
and the bottom of all openings must be no higher than one
foot above the lowest adjacent grade to the structure. Using
human intervention to open a garage door prior to flooding
will not satisfy this requirement for automatic openings.
(C) Structural works for flood control that will change the course,
current or cross section of protected wetlands or public
waters are subject to the provisions of Minnesota Statutes,
Section 103G.245.
(D) A levee, dike or floodwall constructed in the floodway must
not cause an increase to the 1% chance or regional flood. The
technical analysis must assume equal conveyance or storage
loss on both sides of a stream.
(E) Floodway developments must not adversely affect the
hydraulic capacity of the channel and adjoining floodplain of
any tributary watercourse or drainage system.
Flood Fringe District (FF)
(1) Permitted Uses
Permitted uses are those uses of land or structures allowed in the underlying
zoning district(s) that comply with the standards in Section 3.2.1(d)(2) below. If no
pre-existing, underlying zoning districts exist, then any residential or
nonresidential structure or use of a structure or land is a permitted use provided
it does not constitute a public nuisance.
(2) Standards for Flood Fringe Permitted Uses
(A) All structures, including accessory structures, must be
elevated on fill so that the lowest floor, as defined, is at or
above the regulatory flood protection elevation. The finished
fill elevation for structures must be no lower than one foot
below the regulatory flood protection elevation and the fill
must extend at the same elevation at least 15 feet beyond the
outside limits of the structure.
(B) Accessory Structures. As an alternative to the fill requirements
of Section 3.2.1(e)(2)(A) noted above, structures accessory to
the uses identified in Section 3.2.1(e)(1) above may be
permitted to be internally/wet floodproofed to the FP3 or FP4
floodproofing classifications in the State Building Code,
provided that:
i. The accessory structure constitutes a minimal investment, does not
exceed 576 square feet in size, and is only used for parking and
storage.
ii. All portions of floodproofed accessory structures below the
Regulatory Flood Protection Elevation must be:
a. adequately anchored to prevent flotation, collapse or lateral
movement and designed to equalize hydrostatic flood forces
on exterior walls;
b. be constructed with materials resistant to flood damage; and
c. must have all service utilities be water-tight or elevated to
above the regulatory flood protection elevation.
iii. Designs for meeting this requirement must either be certified by a
registered professional engineer or meet or exceed the following
criteria:
a. To allow for the equalization of hydrostatic pressure, there
must be a minimum of two “automatic” openings in the
outside walls of the structure, with a total net area of not less
than one square inch for every square foot of enclosed area
subject to flooding; and
b. There must be openings on at least two sides of the structure
and the bottom of all openings must be no higher than one
foot above the lowest adjacent grade to the structure. Using
human intervention to open a garage door prior to flooding
will not satisfy this requirement for automatic openings.
(C) The cumulative placement of fill or similar material on a parcel
must not exceed 1,000 cubic yards, unless the fill is specifically
intended to elevate a structure in accordance with Section
3.2.1(e)(2)(A) of this Unified Development Ordinance, or if
allowed as a conditional use under Section 3.2.1(e)(3)(C)
below.
(D) The storage of any materials or equipment must be elevated
on fill to the regulatory flood protection elevation.
(E) All service utilities, including ductwork, must be elevated or
water-tight to prevent infiltration of floodwaters.
(F) The storage or processing of materials that are, in time of
flooding, flammable, explosive, or potentially injurious to
human, animal, or plant life is prohibited.
(G) All fill must be properly compacted, and the slopes must be
properly protected by the use of riprap, vegetative cover or
other acceptable method.
(H) All new principal structures must have vehicular access at or
above an elevation not more than two feet below the
regulatory flood protection elevation or must have a flood
warning / emergency evacuation plan acceptable to the City.
(I) Accessory uses such as yards, railroad tracks, and parking lots
may be at an elevation lower than the regulatory flood
protection elevation. However, any facilities used by
employees or the general public must be designed with a
flood warning system that provides adequate time for
evacuation if the area is inundated to a depth and velocity
such that the depth (in feet) multiplied by the velocity ( in feet
per second) would exceed a product of four upon occurrence
of the regional (1% chance) flood.
(J) Interference with normal manufacturing/industrial plant
operations must be minimized, especially along streams
having protracted flood durations. In considering permit
applications, due consideration must be given to the needs of
industries with operations that require a floodplain location.
(K) Manufactured homes and recreational vehicles must meet the
standards of Section 3.2.1(i) of this Unified Development
Ordinance.
(3) Conditional Uses
The following uses and activities may be allowed as conditional uses, if allowed in
the underlying zoning district(s) or any applicable overlay district, following the
procedures in Section 3.2.1(j)(4) of this Unified Development Ordinance.
(A) Any structure that is not elevated on fill or floodproofed in
accordance with Section 3.2.1(e)(2)(A) and 2.B of this Unified
Development Ordinance.
(B) Storage of any material or equipment below the regulatory
flood protection elevation.
(C) The cumulative placement of more than 1,000 cubic yards of
fill when the fill is not being used to elevate a structure in
accordance with Section 3.2.1(e)(2)(A) of this Unified
Development Ordinance.
(D) The use of methods to elevate structures above the regulatory
flood protection elevation, including stilts, pilings, parallel
walls, or above-grade, enclosed areas such as crawl spaces or
tuck under garages, shall meet the standards in Section
3.2.1(e)(4)(F) below.
(4) Standards for Flood Fringe Conditional Uses
(A) The standards listed in Section 3.2.1(e)(2)(D) through 2.J
above apply to all conditional uses.
(B) Basements, as defined by Section 3.2.1(b)(9)(A) of this Unified
Development Ordinance, are subject to the following:
i. Residential basement construction is not allowed below the
regulatory flood protection elevation; and
ii. Non-residential basements may be allowed below the regulatory
flood protection elevation provided the basement is structurally dry
floodproofed in accordance with the below Section 3.2.1(e)(4)(C) of
this Unified Development Ordinance.
(C) All areas of nonresidential structures, including basements, to
be placed below the regulatory flood protection elevation
must be floodproofed in accordance with the structurally dry
floodproofing classifications in the State Building Code.
Structurally dry floodproofing must meet the FP1 or FP2
floodproofing classification in the State Building Code, which
requires making the structure watertight with the walls
substantially impermeable to the passage of water and with
structural components capable of resisting hydrostatic and
hydrodynamic loads and the effects of buoyancy.
(D) The placement of more than 1,000 cubic yards of fill or other
similar material on a parcel (other than for the purpose of
elevating a structure to the regulatory flood protection
elevation) must comply with an approved
erosion/sedimentation control plan.
i. The plan must clearly specify methods to be used to stabilize the fill
on site for a flood event at a minimum of the regional (1% chance)
flood event.
ii. The plan must be prepared and certified by a registered professional
engineer or other qualified individual acceptable to the City.
iii. The plan may incorporate alternative procedures for removal of the
material from the floodplain if adequate flood warning time exists.
(E) Storage of materials and equipment below the regulatory
flood protection elevation must comply with an approved
emergency plan providing for removal of such materials
within the time available after a flood warning.
(F) Alternative elevation methods other than the use of fill may
be utilized to elevate a structure's lowest floor above the
regulatory flood protection elevation. The base or floor of an
enclosed area shall be considered above grade and not a
structure’ s basement or lowest floor if: 1) the enclosed area is
above-grade on at least one side of the structure; 2) it is
designed to internally flood and is constructed with flood
resistant materials; and 3) it is used solely for parking of
vehicles, building access or storage. The above-noted
alternative elevation methods are subject to the following
additional standards:
i. Design and Certification – The structure’ s design and as-built
condition must be certified by a registered professional engineer as
being in compliance with the general design standards of the State
Building Code and, specifically, that all electrical, heating, ventilation,
plumbing and air conditioning equipment and other service facilities
must be at or above the regulatory flood protection elevation or be
designed to prevent flood water from entering or accumulating
within these components during times of flooding.
ii. Specific Standards for Above-grade, Enclosed Areas - Above-grade,
fully enclosed areas such as crawl spaces or tuck under garages must
be designed to internally flood and the design plans must stipulate:
a. The minimum area of openings in the walls where internal
flooding is to be used as a floodproofing technique. There
shall be a minimum of two openings on at least two sides of
the structure and the bottom of all openings shall be no
higher than one foot above grade. The automatic openings
shall have a minimum net area of not less than one square
inch for every square foot of enclosed area subject to
flooding unless a registered professional engineer or
architect certifies that a smaller net area would suffice. The
automatic openings may be equipped with screens, louvers,
valves, or other coverings or devices provided that they
permit the automatic entry and exit of flood waters without
any form of human intervention; and
b. That the enclosed area will be designed of flood resistant
materials in accordance with the FP3 or FP4 classifications in
the State Building Code and shall be used solely for building
access, parking of vehicles or storage.
General Floodplain District (GF)
(1) Permitted Uses
(A) The uses listed in Section 3.2.1(d)(1) of this Unified
Development Ordinance, Floodway District Permitted Uses,
are permitted uses.
(B) All other uses are subject to the floodway/flood fringe
evaluation criteria specified in Section 3.2.1(f)(2) below.
Section 3.2.1(d) applies if the proposed use is determined to
be in the Floodway District. Section 3.2.1(e) applies if the
proposed use is determined to be in the Flood Fringe District.
(2) Procedures for Floodway and Flood Fringe Determinations
(A) Upon receipt of an application for a permit or other approval
within the General Floodplain District, the Zoning
Administrator must obtain, review and reasonably utilize any
regional flood elevation and floodway data available from a
federal, state, or other source.
(B) If regional flood elevation and floodway data are not readily
available, the applicant must furnish additional information, as
needed, to determine the regulatory flood protection
elevation and whether the proposed use would fall within the
Floodway or Flood Fringe District. Information must be
consistent with accepted hydrological and hydraulic
engineering standards and the standards in Section
3.2.1(f)(2)(C) below.
(C) The determination of floodway and flood fringe must include
the following components, as applicable:
i. Estimate the peak discharge of the regional (1% chance) flood.
ii. Calculate the water surface profile of the regional flood based upon a
hydraulic analysis of the stream channel and overbank areas.
iii. Compute the floodway necessary to convey or store the regional
flood without increasing flood stages more than one-half (0.5) foot. A
lesser stage increase than 0.5 foot is required if, as a result of the
stage increase, increased flood damages would result. An equal
degree of encroachment on both sides of the stream within the reach
must be assumed in computing floodway boundaries.
(D) The Zoning Administrator will review the submitted
information and assess the technical evaluation and the
recommended Floodway and/or Flood Fringe District
boundary. The assessment must include the cumulative
effects of previous floodway encroachments. The Zoning
Administrator may seek technical assistance from a
designated engineer or other expert person or agency,
including the Department of Natural Resources. Based on this
assessment, the Zoning Administrator may approve or deny
the application.
(E) Once the Floodway and Flood Fringe District boundaries have
been determined, the Zoning Administrator must process the
permit application consistent with the applicable provisions of
Sections 3.2.1(d) and 3.2.1(e) of this Unified Development
Ordinance.
Land Development Standards
(1) In General
Recognizing that flood prone areas may exist outside of the designated
floodplain districts, the requirements of this section apply to all land within the
City of Brooklyn Center.
(2) Subdivisions
(A) No land may be subdivided which is unsuitable for reasons of
flooding or inadequate drainage, water supply or sewage
treatment facilities. Manufactured home parks and
recreational vehicle parks or campgrounds are considered
subdivisions under this Unified Development Ordinance.
(B) All lots within the floodplain districts must be able to contain
a building site outside of the Floodway District at or above
the regulatory flood protection elevation.
(C) All subdivisions must have road access both to the
subdivision and to the individual building sites no lower than
two feet below the regulatory flood protection elevation,
unless a flood warning emergency plan for the safe
evacuation of all vehicles and people during the regional (1%
chance) flood has been approved by the City. The plan must
be prepared by a registered engineer or other qualified
individual, and must demonstrate that adequate time and
personnel exist to carry out the evacuation.
(D) For all subdivisions in the floodplain, the Floodway and Flood
Fringe District boundaries, the regulatory flood protection
elevation and the required elevation of all access roads must
be clearly labeled on all required subdivision drawings and
platting documents.
(E) In the General Floodplain District, applicants must provide the
information required in Section 3.2.1(f)(2) of this Unified
Development Ordinance to determine the regional flood
elevation, the Floodway and Flood Fringe District boundaries
and the regulatory flood protection elevation for the
subdivision site.
(F) If a subdivision proposal or other proposed new development
is in a flood prone area, any such proposal must be reviewed
to assure that:
i. All such proposals are consistent with the need to minimize flood
damage within the flood prone area;
ii. All public utilities and facilities, such as sewer, gas, electrical, and
water systems are located and constructed to minimize or eliminate
flood damage; and
iii. Adequate drainage is provided to reduce exposure of flood hazard.
(3) Building Sites
If a proposed building site is in a flood prone area, all new construction and
substantial improvements (including the placement of manufactured homes)
must be:
(A) Designed (or modified) and adequately anchored to prevent
floatation, collapse, or lateral movement of the structure
resulting from hydrodynamic and hydrostatic loads, including
the effects of buoyancy;
(B) Constructed with materials and utility equipment resistant to
flood damage;
(C) Constructed by methods and practices that minimize flood
damage; and
(D) Constructed with electrical, heating, ventilation, plumbing,
and air conditioning equipment and other service facilities
that are designed and/or located so as to prevent water from
entering or accumulating within the components during
conditions of flooding.
Public Utilities, Railroads, Roads, and Bridges
(1) Public Utilities
All public utilities and facilities such as gas, electrical, sewer, and water supply
systems to be located in the floodplain must be floodproofed in accordance with
the State Building Code or elevated to the regulatory flood protection elevation.
(2) Public Transportation Facilities
Railroad tracks, roads, and bridges to be located within the floodplain must
comply with Sections 3.2.1(d) and 3.2.1(e) of this Unified Development Ordinance.
These transportation facilities must be elevated to the regulatory flood protection
elevation where failure or interruption of these facilities would result in danger to
the public health or safety or where such facilities are essential to the orderly
functioning of the area. Minor or auxiliary roads or railroads may be constructed
at a lower elevation where failure or interruption of transportation services would
not endanger the public health or safety.
(3) On-site Water Supply and Sewage Treatment Systems
Where public utilities are not provided: 1) On-site water supply systems must be
designed to minimize or eliminate infiltration of flood waters into the systems
and are subject to the provisions in Minnesota Rules Chapter 4725.4350, as
amended; and 2) New or replacement on-site sewage treatment systems must be
designed to minimize or eliminate infiltration of flood waters into the systems
and discharges from the systems into flood waters, they must not be subject to
impairment or contamination during times of flooding, and are subject to the
provisions in Minnesota Rules Chapter 7080.2270, as amended.
(4) Recreational Vehicles
(A) New recreational vehicle parks or campgrounds and
expansions to existing recreational vehicle parks or
campgrounds are prohibited in any floodplain district.
Placement of recreational vehicles in existing recreational
vehicle parks or campgrounds in the floodplain must meet
the exemption criteria below or be treated as new structures
meeting the requirements of this Unified Development
Ordinance.
(B) Recreational vehicles are exempt from the provisions of this
Unified Development Ordinance if they are placed in any of
the following areas and meet the criteria listed in Section
3.2.1(i)(2)(C) below.
i. Individual lots or parcels of record.
ii. Existing commercial recreational vehicle parks or campgrounds.
iii. Existing condominium-type associations.
(C) Criteria for Exempt Recreational Vehicles:
i. The vehicle must have a current license required for highway use.
ii. The vehicle must be highway ready, meaning on wheels or the
internal jacking system, attached to the site only by quick disconnect
type utilities commonly used in campgrounds and recreational
vehicle parks.
iii. No permanent structural type additions may be attached to the
vehicle.
iv. The vehicle and associated use must be permissible in any
preexisting, underlying zoning district.
v. Accessory structures are not permitted within the Floodway District.
Any accessory structure in the Flood Fringe District must be
constructed of flood-resistant materials and be securely anchored,
meeting the requirements applicable to manufactured homes in
Section 3.2.1(i)(1).
vi. An accessory structure must constitute a minimal investment
(D) Recreational vehicles that are exempt in Section 3.2.1(i)(2)(C)
lose this exemption when development occurs on the site that
exceeds a minimal investment for an accessory structure such
as a garage or storage building. The recreational vehicle and
all accessory structures will then be treated as new structures
subject to the elevation and floodproofing requirements of
Section 3.2.1(e) of this Unified Development Ordinance. No
development or improvement on the parcel or attachment to
the recreational vehicle is allowed that would hinder the
removal of the vehicle should flooding occur.
Administration
(1) Zoning Administrator
The Zoning Administrator or other official designated by the City Manager must
administer and enforce this Unified Development Ordinance.
(2) Permit Requirements
(A) Permit Required. A permit must be obtained from the Zoning
Administrator prior to conducting the following activities:
i. The erection, addition, modification, rehabilitation, or alteration of
any building, structure, or portion thereof. Normal maintenance and
repair also requires a permit if such work, separately or in
conjunction with other planned work, constitutes a substantial
improvement as defined in this Unified Development Ordinance.
ii. The use or change of use of a building, structure, or land.
iii. The construction of a dam, fence, or on-site septic system, although
a permit is not required for a farm fence as defined in this Unified
Development Ordinance.
iv. The change or extension of a nonconforming use.
v. The repair of a structure that has been damaged by flood, fire,
tornado, or any other source.
vi. The placement of fill, excavation of materials, or the storage of
materials or equipment within the floodplain.
vii. Relocation or alteration of a watercourse (including new or
replacement culverts and bridges), unless a public waters work
permit has been applied for such work.
viii. Any other type of “development” as defined in Section 3.2.1(b)(9)(A)
of this Unified Development Ordinance.
(B) Application for Permit. Permit applications must be submitted
to the Zoning Administrator on forms provided by the Zoning
Administrator. The permit application must include the
following as applicable:
i. A site plan showing all pertinent dimensions, existing or proposed
buildings, structures, and significant natural features having an
influence on the permit.
ii. Location of fill or storage of materials in relation to the stream
channel.
iii. Copies of any required municipal, county, state or federal permits or
approvals.
iv. Other relevant information requested by the Zoning Administrator as
necessary to properly evaluate the permit application.
(C) Certificate of Zoning Compliance for a New, Altered, or
Nonconforming Use. No building, land or structure may be
occupied or used in any manner until a certificate of zoning
compliance has been issued by the Zoning Administrator
stating that the use of the building or land conforms to the
requirements of this Unified Development Ordinance.
(D) Certification. The applicant is required to submit certification
by a registered professional engineer, registered architect, or
registered land surveyor that the finished fill and building
elevations were accomplished in compliance with the
provisions of this Unified Development Ordinance.
Floodproofing measures must be certified by a registered
professional engineer or registered architect.
(E) Record of First Floor Elevation. The Zoning Administrator
must maintain a record of the elevation of the lowest floor
(including basement) of all new structures and alterations or
additions to existing structures in the floodplain. The Zoning
Administrator must also maintain a record of the elevation to
which structures and alterations or additions to structures are
floodproofed.
(F) Notifications for Watercourse Alterations. Before authorizing
any alteration or relocation of a river or stream, the Zoning
Administrator must notify adjacent communities. If the
applicant has applied for a permit to work in public waters
pursuant to Minnesota Statutes, Section 103G.245, this will
suffice as adequate notice. A copy of the notification must
also be submitted to the Chicago Regional Office of the
Federal Emergency Management Agency FEMA).
(G) Notification to FEMA When Physical Changes Increase or
Decrease Base Flood Elevations. As soon as is practicable, but
not later than six months after the date such supporting
information becomes available, the Zoning Administrator
must notify the Chicago Regional Office of FEMA of the
changes by submitting a copy of the relevant technical or
scientific data.
(3) Variances
(A) Variance Applications. An application for a variance to the
provisions of this Unified Development Ordinance will be
processed and reviewed in accordance with applicable state
statutes and Section 6.3.1 and 6.3.8 of this Unified
Development Ordinance.
(B) Adherence to State Floodplain Management Standards. A
variance must not allow a use that is not allowed in that
district, or permit a lower degree of flood protection than the
regulatory flood protection elevation for the particular area or
permit standards lower than those required by state law.
(C) Additional Variance Criteria. The following additional variance
criteria of the Federal Emergency Management Agency must
be satisfied:
i. Variances must not be issued by a community within any designated
regulatory floodway if any increase in flood levels during the base
flood discharge would result.
ii. Variances may only be issued by a community upon the following:
a. a showing of good and sufficient cause;
b. a determination that failure to grant the variance would result
in exceptional practical difficulties to the applicant; and
c. a determination that the granting of a variance will not result
in increased flood heights, additional threats to public safety,
extraordinary public expense, create nuisances, cause fraud
on or victimization of the public, or conflict with existing local
laws or ordinances.
iii. Variances may only be issued upon a determination that the variance
is the minimum necessary, considering the flood hazard, to afford
relief.
(D) Flood Insurance Notice. The Zoning Administrator must notify
the applicant for a variance that:
i. The issuance of a variance to construct a structure below the base
flood level will result in increased premium rates for flood insurance
up to amounts as high as $25 for $100 of insurance coverage; and
ii. Such construction below the base or regional flood level increases
risks to life and property. Such notification must be maintained with
a record of all variance actions.
(E) General Considerations. The community shall consider the
following factors in granting variances and imposing
conditions on variances and conditional uses in floodplains:
i. The potential danger to life and property due to increased flood
heights or velocities caused by encroachments;
ii. The danger that materials may be swept onto other lands or
downstream to the injury of others;
iii. The proposed water supply and sanitation systems, if any, and the
ability of these systems to minimize the potential for disease,
contamination and unsanitary conditions;
iv. The susceptibility of any proposed use and its contents to flood
damage and the effect of such damage on the individual owner;
v. The importance of the services to be provided by the proposed use
to the community;
vi. The requirements of the facility for a waterfront location;
vii. The availability of viable alternative locations for the proposed use
that are not subject to flooding;
viii. The compatibility of the proposed use with existing development
and development anticipated in the foreseeable future;
ix. The relationship of the proposed use to the Comprehensive Land Use
Plan and floodplain management program for the area;
x. The safety of access to the property in times of flood for ordinary
and emergency vehicles; and
xi. The expected heights, velocity, duration, rate of rise and sediment
transport of the flood waters expected at the site.
(F) Submittal of Hearing Notices to the Department of Natural
Resources (DNR). The Zoning Administrator must submit
hearing notices for proposed variances to the DNR sufficiently
in advance to provide at least ten (10) days’ notice of the
hearing. The notice may be sent by electronic mail or U.S. Mail
to the respective DNR area hydrologist.
(G) Submittal of Final Decisions to the DNR. A copy of all
decisions granting variances must be forwarded to the DNR
within ten days of such action. The notice may be sent by
electronic mail or U.S. Mail to the respective DNR area
hydrologist.
(H) Record-Keeping. The Zoning Administrator must maintain a
record of all variance actions, including justification for their
issuance, and must report such variances in an annual or
biennial report to the Administrator of the National Flood
Insurance Program, when requested by the Federal
Emergency Management Agency.
(4) Conditional Uses
(A) Administrative Review. An application for a conditional use
permit under the provisions of this Unified Development
Ordinance will be processed and reviewed in accordance with
Section 6.3.1 and Section 6.3.2 of this Unified Development
Ordinance.
(B) Factors Used in Decision-Making. In decisions on conditional
use applications, the City must consider all relevant factors
specified in other sections of this Unified Development
Ordinance, and those factors identified in Section 3.2.1(j)(3)(E)
of this Unified Development Ordinance.
(C) Conditions Attached to Conditional Use Permits. The City may
attach such conditions to the granting of conditional use
permits as it deems necessary to fulfill the purposes of this
Unified Development Ordinance. Such conditions may
include, but are not limited to, the following:
i. Modification of waste treatment and water supply facilities.
ii. Limitations on period of use, occupancy, and operation.
iii. Imposition of operational controls, sureties, and deed restrictions.
iv. Requirements for construction of channel modifications,
compensatory storage, dikes, levees, and other protective measures.
v. Floodproofing measures, in accordance with the State Building Code
and this Unified Development Ordinance. The applicant must submit
a plan or document certified by a registered professional engineer or
architect that the floodproofing measures are consistent with the
regulatory flood protection elevation and associated flood factors for
the particular area.
(D) Submittal of Hearing Notices to the Department of Natural
Resources (DNR). The Zoning Administrator must submit
hearing notices for proposed conditional uses to the DNR
sufficiently in advance to provide at least ten (10) days’ notice
of the hearing. The notice may be sent by electronic mail or
U.S. Mail to the respective DNR area hydrologist.
(E) Submittal of Final Decisions to the DNR. A copy of all
decisions granting conditional uses must be forwarded to the
DNR within ten days of such action. The notice may be sent
by electronic mail or U.S. Mail to the respective DNR area
hydrologist.
Nonconformities
(1) Continuance of Nonconformities
(A) A use, structure, or occupancy of land which was lawful before
the passage or amendment of this Unified Development
Ordinance but which is not in conformity with the provisions
of this Unified Development Ordinance may be continued
subject to the following conditions. Historic structures, as
defined in Section 3.2.1(b)(9)(A) of this Unified Development
Ordinance, are subject to the provisions of Section
3.2.1(k)(1)(B) through (1)(G) noted below of this Unified
Development Ordinance.
(B) A nonconforming use, structure, or occupancy must not be
expanded, changed, enlarged, or altered in a way that
increases its flood damage potential or degree of obstruction
to flood flows except as provided in Section 3.2.1(k)(1)(C)
below. Expansion or enlargement of uses, structures or
occupancies within the Floodway District is prohibited.
(C) Any addition or structural alteration to a nonconforming
structure or nonconforming use that would result in
increasing its flood damage potential must be protected to
the regulatory flood protection elevation in accordance with
any of the elevation on fill or floodproofing techniques (i.e.,
FP1 thru FP4 floodproofing classifications) allowable in the
State Building Code, except as further restricted in Section
3.2.1(k)(1)(D) and (1)(H) below.
(D) If the cost of all previous and proposed alterations and
additions exceeds fifty percent (50%) of the market value of
any nonconforming structure, that shall be considered
substantial improvement, and the entire structure must meet
the standards of Sections 3.2.1(d) or Section 3.2.1(e) of this
Unified Development Ordinance for new structures,
depending upon whether the structure is in the Floodway or
Flood Fringe District, respectively. The cost of all structural
alterations and additions must include all costs such as
construction materials and a reasonable cost placed on all
manpower or labor.
(E) If any nonconforming use, or any use of a nonconforming
structure, is discontinued for more than one year, any future
use of the premises must conform to this Unified
Development Ordinance. The Assessor must notify the Zoning
Administrator in writing of instances of nonconformities that
have been discontinued for a period of more than one year.
(F) If any nonconformity is substantially damaged, as defined in
Section 3.2.1(b)(9)(A) of this Unified Development Ordinance,
it may not be reconstructed except in conformity with the
provisions of this Unified Development Ordinance. The
applicable provisions for establishing new uses or new
structures in Sections 3.2.1(d) or 3.2.1(e) will apply depending
upon whether the use or structure is in the Floodway or Flood
Fringe, respectively.
(G) If any nonconforming use or structure experiences a repetitive loss, as
defined in Section 3.2.1(b)(9)(A) of this Unified Development Ordinance, it
must not be reconstructed except in conformity with the provisions of this
Unified Development Ordinance.
(H) Any substantial improvement, as defined in Section
3.2.1(b)(9)(A) of this Unified Development Ordinance, to a
nonconforming structure requires that the existing structure
and any additions must meet the requirements of Sections
3.2.1(d) or 3.2.1(e) of this Unified Development Ordinance for
new structures, depending upon whether the structure is in
the Floodway or Flood Fringe District.
Penalties and Enforcement
(1) Violation Constitutes a Misdemeanor
Violation of the provisions of this Unified Development Ordinance or failure to
comply with any of its requirements (including violations of conditions and
safeguards established in connection with grants of variances or conditional uses)
constitute a misdemeanor and will be punishable as defined by law.
(2) Other Lawful Action
Nothing in this Unified Development Ordinance restricts the City of Brooklyn
Center from taking such other lawful action as is necessary to prevent or remedy
any violation. If the responsible party does not appropriately respond to the
Zoning Administrator within the specified period of time, each additional day that
lapses will constitute an additional violation of this Unified Development
Ordinance and will be prosecuted accordingly.
(3) Enforcement
Violations of the provisions of this Unified Development Ordinance will be
investigated and resolved in accordance with the provisions of Sections 1.2.4 and
1.2.5 of the Unified Development Ordinance. In responding to a suspected
Unified Development Ordinance violation, the Zoning Administrator and City may
utilize the full array of enforcement actions available to it including but not
limited to prosecution and fines, injunctions, after-the-fact permits, orders for
corrective measures or a request to the National Flood Insurance Program for
denial of flood insurance availability to the guilty party. The City of Brooklyn
Center must act in good faith to enforce these official controls and to correct
Unified Development Ordinance violations to the extent possible so as not to
jeopardize its eligibility in the National Flood Insurance Program.
Amendments
(1) Flood Plain Designation – Restrictions on Removal
The floodplain designation on the Official Zoning Map must not be removed
from floodplain areas unless it can be shown that the designation is in error or
that the area has been filled to or above the elevation of the regulatory flood
protection elevation and is contiguous to lands outside the floodplain. Special
exceptions to this rule may be permitted by the Commissioner of the Department
of Natural Resources (DNR) if the Commissioner determines that, through other
measures, lands are adequately protected for the intended use.
(2) Amendments Require DNR Approval
All amendments to this Unified Development Ordinance must be submitted to
and approved by the Commissioner of the Department of Natural Resources
(DNR) prior to adoption. The Commissioner must approve the amendment prior
to community approval.
(3) Map Revisions Require Code Amendments
The floodplain district regulations must be amended to incorporate any revisions
by the Federal Emergency Management Agency to the floodplain maps adopted
in Section 3.2.1(b)(3) of this Unified Development Ordinance.
3.1.2 SL – Shoreland
Statutory Authorization and Policy
(1) Statutory Authorization
This shoreland section is adopted pursuant to the authorization and policies
contained in Minnesota Statutes, Chapter 103F, Minnesota Rules, Parts 6120.2500 -
6120.3900, and the planning and zoning enabling legislation in Minnesota Statutes
Chapter 462.
(2) Policy
The Legislature of Minnesota has delegated responsibility to local governments of
the state to regulate the subdivision, use and development of the shorelands of
public waters and thus preserve and enhance the quality of surface waters, conserve
the economic and natural environmental values of shorelands, and provide for the
wise use of waters and related land resources. This responsibility is hereby recognized
by the City of Brooklyn Center.
General Provisions and Definitions
(1) Jurisdiction
The provisions of this section apply to the shorelands of the public water bodies
as classified in Section 3.2.2.(d)(1) of this Unified Development Ordinance.
Pursuant to Minnesota Rules, Parts 6120.2500 - 6120.3900, no lake, pond, or
flowage less than 10 acres in size in municipalities or 25 acres in size in
unincorporated areas need be regulated in a local government’s shoreland
regulations. A body of water created by a private user where there was no
previous shoreland may, at the discretion of the governing body, be exempt from
this Unified Development Ordinance.
(2) Enforcement
The City Manager or designee is responsible for the administration and
enforcement of this Unified Development Ordinance. Any violation of the
provisions of this Unified Development Ordinance or failure to comply with any
of its requirements (including violations of conditions and safeguards established
in connection with grants of variances or conditional uses constitutes a
misdemeanor and is punishable as defined by law. Violations of this Unified
Development Ordinance can occur regardless of whether or not a permit is
required for a regulated activity listed in Section 4 of this Unified Development
Ordinance.
(3) District Application
The Shoreland Overlay is applied over zoning districts as identified in the official
city Shoreland Areas Map. Regulations and requirements imposed by the
Shoreland Overlay shall be enforced in addition to those in the base zoning
district. In instances where two or more overlay districts apply, the more
restrictive requirements shall apply.
(4) Definitions
Unless specifically defined in Section 8, words or phrases used in this Unified
Development Ordinance must be interpreted according to common usage and so
as to give this Unified Development Ordinance its most reasonable application.
Administration
(1) Purpose
The purpose of this Section is to identify administrative provisions to ensure this
(section, chapter, or article) is administered consistent with its purpose.
(2) Permits
(A) A permit is required for the construction of buildings or
building additions (including construction of decks and signs),
the installation and/or alteration of sewage treatment
systems, and those grading and filling activities not exempted
by section 3.2.2(g)(3) of this Unified Development Ordinance.
(B) A certificate of compliance, consistent with Minnesota Rules
Part 7082.0700 Subp. 3, is required whenever a permit or
variance of any type is required for any improvement on or
use of the property. A sewage treatment system shall be
considered compliant if the only deficiency is the system’s
improper setback from the ordinary high water level.
(3) Application materials.
(A) Application for permits and other zoning applications such as
variances shall be made to the Zoning Administrator on the
forms provided. The application shall include the necessary
information so that the Zoning Administrator can evaluate
how the application complies with the provisions of this
Unified Development Ordinance.
(4) Certificate of Zoning Compliance.
The Zoning Administrator shall issue a certificate of zoning compliance for each
activity requiring a permit as specified in Section 3.2.2 of this Unified
Development Ordinance. This certificate will specify that the use of land conforms
to the requirements of this Unified Development Ordinance. Any use,
arrangement, or construction at variance with that authorized by permit shall be
deemed a violation of this Unified Development Ordinance and shall be
punishable as provided in Section 1.2 of this Unified Development Ordinance.
(5) Variances.
Variances may only be granted in accordance with Minnesota Statutes, Section
Section 462.357 and are subject to the following:
(A) A variance may not circumvent the general purposes and
intent of this Unified Development Ordinance; and
(B) For properties with existing sewage treatment systems, a
certificate of compliance, consistent with Minnesota Rules
Chapter 7082.0700 Subp. 3, is required for variance approval.
A sewage treatment system shall be considered compliant if
the only deficiency is the system’s improper setback from the
ordinary high water level.
(6) Conditional Uses
All conditional uses in the shoreland area are subject to a thorough evaluation of
the waterbody and the topographic, vegetation, and soil conditions to ensure:
(A) All conditional uses in the shoreland area are subject to a
thorough evaluation of the waterbody and the
topographic, vegetation, and soil conditions to ensure:
(B) The prevention of soil erosion or other possible pollution of
public waters, both during and after construction;
(C) The visibility of structures and other facilities as viewed from
public waters is limited;
(D) There is adequate water supply and on-site sewage treatment;
and
(E) The types, uses, and numbers of watercraft that the project
will generate are compatible in relation to the suitability of
public waters to safely accommodate these watercrafts.
(7) Mitigation
(A) In evaluating all variances, conditional uses, zoning and
building permit applications, the zoning authority shall
require the property owner to address when appropriate the
following conditions, when related to and proportional to the
impact, to meet the purpose of this Unified Development
Ordinance, to protect adjacent properties, and the public
interest:
i. Advanced storm water runoff management treatment;
ii. Reducing impervious surfaces;
iii. Increasing setbacks from the ordinary high water level;
iv. Restoration of wetlands;
v. Limiting vegetation removal and/or riparian vegetation restoration;
vi. Provisions for the location, design, and use of structures, sewage
treatment systems, water supply systems, watercraft launching and
docking areas, and parking areas; and
vii. Other conditions the zoning authority deems necessary.
(B) In evaluating plans to construct sewage treatment systems,
roads, driveways, structures, or other improvements on steep
slopes, conditions to prevent erosion and to preserve existing
vegetation screening of structures, vehicles, and other
facilities as viewed from the surface of public waters assuming
summer, leaf-on vegetation shall be attached to permits.
(8) Notifications to the Department of Natural Resources.
(A) All amendments to this shoreland section must be submitted
to the Department of Natural Resources for review and
approval for compliance with the statewide shoreland
management rules. The City of Brooklyn Center will submit
the proposed amendments to the commissioner or the
commissioner’s designated representative at least 30 days
before any scheduled public hearings.
(B) All notices of public hearings to consider variances, Unified
Development Ordinance amendments, or conditional uses
under shoreland management controls must be sent to the
commissioner or the commissioner’s designated
representative at least ten (10) days before the hearings.
Notices of hearings to consider proposed subdivisions/plats
must include copies of the subdivision/plat.
(C) All approved Unified Development Ordinance amendments
and subdivisions/plats, and final decisions approving
variances or conditional uses under local shoreland
management controls must be sent to the commissioner or
the commissioner’s designated representative and
postmarked within ten days of final action. When a variance is
approved after the Department of Natural Resources has
formally recommended denial in the hearing record, the
notification of the approved variance shall also include the
summary of the public record/testimony and the findings of
facts and conclusions which supported the issuance of the
variance.
(D) Any request to change the shoreland management
classification of public waters within Brooklyn Center must be
sent to the commissioner or the commissioner’s designated
representative for approval, and must include a resolution and
supporting data as required by Minnesota Rules, part
6120.3000.
(E) Any request to reduce the boundaries of shorelands of public
waters within Brooklyn Center must be sent to the
commissioner or the commissioner’s designated
representative for approval and must include a resolution and
supporting data. The boundaries of shorelands may be
reduced when the shoreland of water bodies with different
classifications overlap. In these cases, the topographic divide
between the water bodies shall be used for adjusting the
boundaries.
(9) Mandatory EAW.
An Environmental Assessment Worksheet consistent with Minnesota Rules, Chapter
4410 must be prepared for projects meeting the thresholds of Minnesota Rules, part
4410.4300.
Shoreland Classification System and Land Uses
(1) Purpose
To ensure that shoreland development on the public waters of Brooklyn Center is
regulated consistent with the classifications assigned by the commissioner under
Minnesota Rules, part 6120.3300.
(A) Lakes are classified as follows:
Lake Classification DNR Public Waters I.D. #
General Development
Middle Twin 27004202
Upper Twin 27004201
Recreational Development
Ryan 27005800
Natural Environment
Palmer 27005900
(B) Rivers and streams are classified as follows:
River and Stream Classification Legal Description
Urban
Mississippi River See Minnesota Department of
Natural Resources River and
Stream Classification Map
(2) Land Uses
(A) Purpose. To identify land uses that are compatible with the
protection and preservation of shoreline resources in order to
conserve the economic and environmental values of
shoreland and sustain water quality.
(B) Shoreland district land uses listed below are regulated as:
i. Permitted uses (P). These uses are allowed, provided all standards in
this Unified Development Ordinance are followed;
ii. Conditional uses (C). These uses are allowed through a conditional
use permit. The use must be evaluated according to the criteria in
Section 3.2.2(c)(5) of this Unified Development Ordinance and any
additional conditions listed in this Unified Development Ordinance;
and
iii. Not permitted uses (N). These uses are prohibited.
(C) Land Uses for lake, river, and stream classifications:
Commented [MT15]: Remove and use MRCCA, pending
DNR approval
Lake Classification
Rivers &
Stream
Classification
Land Uses General
Development
Recreational
Development
Natural
Environment Urban
Single residential P P P P
Duplex, triplex, quad residential P P C P
Residential PUD C C C C
Water-dependent commercial - As accessory
to a residential planned unit development C C C C
Commercial P P C P
Commercial PUD - Limited expansion of a
commercial planned unit development
involving up to six additional dwelling units
or sites may be allowed as a permitted use
provided the provisions of Section 10.0 of
this UDO are satisfied.
C C C C
Parks & historic sites C C C C
Public, semipublic P P C P
Industrial C C N C
Agricultural: cropland and pasture P P P P
Agricultural feedlots - New N N N N
Agricultural feedlots - Expansion or
resumption of existing C C C C
Forest management P P P P
Forest land conversion C C C C
Extractive use C C C C
Mining of metallic minerals and peat P P P P
Special Land Use Provisions
(1) Commercial, Industrial, Public, and Semipublic Use Standards
(A) Water-dependent uses may be located on parcels or lots with
frontage on public waters provided that:
i. The use complies with the provisions of Section 3.2.2(f).
ii. The use is designed to incorporate topographic and vegetative
screening of parking areas and structures;
iii. Uses that require short-term watercraft mooring for patrons must
centralize these facilities and design them to avoid obstructions of
navigation and to be the minimum size necessary to meet the need;
and
iv. Uses that depend on patrons arriving by watercraft may use signs
and lighting, provided that:
Commented [MT16]: Remove and use MRCCA, pending
DNR approval
a. Signs placed in or on public waters must only convey
directional information or safety messages and may only be
placed by a public authority or under a permit issued by the
county sheriff; and
b. Signs placed within the shore impact zone are:
i. No higher than ten feet above the ground, and no
greater than 32 square feet in size; and
ii. If illuminated by artificial lights, the lights must be
shielded or directed to prevent illumination across
public waters; and
c. Other lighting may be located within the shore impact zone
or over public waters if it is used to illuminate potential safety
hazards and is shielded or otherwise directed to prevent
direct illumination across public waters. This does not
preclude use of navigational lights.
(B) Commercial, industrial, public, and semi-public uses that are
not water-dependent must be located on lots or parcels
without public waters frontage, or, if located on lots or parcels
with public waters frontage, must either be set back double
the ordinary high water level setback or be substantially
screened from view from the water by vegetation or
topography, assuming summer, leaf-on conditions.
(2) Agriculture Use Standards
(A) Buffers.
i. The shore impact zone for parcels with permitted agricultural land
uses is equal to a line parallel to and 50 feet from the ordinary high
water level.
ii. General cultivation farming, grazing, nurseries, horticulture, truck
farming, sod farming, and wild crop harvesting are permitted uses if
steep slopes and shore and bluff impact zones are maintained in
perennial vegetation or operated under an approved conservation
plan that includes alternative riparian water quality practices
consistent with the field office technical guides of the local soil and
water conservation district or the Natural Resource Conservation
Service, and as approved by the local soil and water conservation
district.
(B) New animal feedlots are not allowed in shoreland.
Modifications or expansions to existing feedlots or
resumption of old feedlots are conditional uses and must
meet the following standards:
i. Feedlots must be designed consistent with Minnesota Rules, Chapter
7020;
ii. Feedlots must not further encroach into the existing ordinary high
water level setback or the bluff impact zone and must not expand to
a capacity of 1,000 animal units or more; and,
iii. Old feedlots not currently in operation may resume operation
consistent with Minnesota Statutes, Section 116.0711.
(3) Forest Management Standards
(A) The harvesting of timber and associated reforestation must be
conducted consistent with the applicable provisions of the
Sustaining Minnesota Forest Resources: Voluntary Site-Level
Forest Management Guidelines for Landowners, Loggers and
Resource Managers.
(B) Intensive vegetation clearing for forest land conversion to
another use is a conditional use subject to an erosion control
and sedimentation plan developed and approved by the soil
and water conservation district.
(4) Extractive Use Standards
Extractive uses are conditional uses and must meet the following standards:
(A) Site Development and Restoration Plan. A site development
and restoration plan must be developed, approved, and
followed over the course of operation. The plan must:
(B) Address dust, noise, possible pollutant discharges, hours and
duration of operation, and anticipated vegetation and
topographic alterations;
(C) Identify actions to be taken during operation to mitigate
adverse environmental impacts, particularly erosion; and
(D) Clearly explain how the site will be rehabilitated after
extractive activities end.
(E) Setbacks for Processing Machinery. Processing machinery
must meet structure setback standards from ordinary high
water levels and from bluffs.
(5) Metallic Mining Standards
Mining of metallic minerals and peat is a permitted use provided the provisions
of Minnesota Statutes, Sections 93.44 to 93.51, are satisfied.
Dimensional and General Performance Standards
(1) Purpose
To establish dimensional and performance standards that protect shoreland
resources from impacts of development.
(2) Lot Area and Width Standards
Lot Area and Width Standards. After the effective date of this Unified
Development Ordinance, all new lots must meet the minimum lot area and lot
width requirements in Sections 2.2 through 2.6, subject to the following
standards:
(A) Only lands above the ordinary high water level can be used to
meet lot area and width standards;
(B) Lot width standards must be met at both the ordinary high
water level and at the building line;
(C) The sewer lot area dimensions can only be used if publicly
owned sewer system service is available to the property;
(D) Residential subdivisions with dwelling unit densities
exceeding those in Sections 2.2 through 2.5 are allowed only
if designed and approved as residential PUDs under Section
2.6 of this Unified Development Ordinance; and
(E) Lake Minimum Lot Area and Width Standards:
General Development – Sewer
Riparian Nonriparian
Lot Area (sf) Lot Width (ft) Lot Area (sf) Lot Width (ft)
Single 15,000 75 10,000 75
Duplex 26,000 135 17,500 135
Triplex 38,000 195 25,000 190
Quad 49,000 255 32,500 245
Recreational Development – Sewer
Riparian Nonriparian
Lot Area (sf) Lot Width (ft) Lot Area (sf) Lot Width (ft)
Single 20,000 75 15,000 75
Duplex 35,000 135 26,000 135
Triplex 50,000 195 38,000 190
Quad 65,000 255 49,000 245
Natural Environment – Sewer
Riparian Nonriparian
Lot Area (sf) Lot Width (ft) Lot Area (sf) Lot Width (ft)
Single 40,000 125 20,000 125
Duplex 70,000 225 35,000 220
Triplex 100,000 325 52,000 315
Quad 130,000 425 65,000 410
(F) River/Stream Minimum Lot Width Standards. There are not
minimum lot area requirements for rivers and streams. The lot
width standards in feet are:
(3) Special Residential Lot Provisions
(A) Subdivisions of duplexes, triplexes, and quads are conditional
uses on Natural Environment Lakes and must also meet the
following standards:
i. Each building must be set back at least 200 feet from the ordinary
high water level;
ii. Each building must have common sewage treatment and water
systems in one location and serve all dwelling units in the building;
iii. Watercraft docking facilities for each lot must be centralized in one
location and serve all dwelling units in the building; and
iv. No more than 25 percent of a lake’s shoreline can be in duplex,
triplex, or quad developments.
(B) One guest cottage may be allowed on lots meeting or
exceeding the duplex lot area and width dimensions
presented in Sections 3.2.2(e)(2) provided the following
standards are met:
i. For lots exceeding the minimum lot dimensions of duplex lots, the
guest cottage must be located within an area equal to the smallest
duplex-sized lot that could be created including the principal
dwelling unit;
ii. A guest cottage must not cover more than 700 square feet of land
surface and must not exceed 15 feet in height; and
iii. A guest cottage must be located or designed to reduce its visibility
as viewed from public waters and adjacent shorelands by vegetation,
topography, increased setbacks or color, assuming summer leaf-on
conditions.
(C) Controlled access lots are permissible if created as part of a
subdivision and in compliance with the following standards:
i. The lot must meet the area and width requirements for residential
lots, and be suitable for the intended uses of controlled access lots as
provided in section iv below.
ii. If docking, mooring, or over-water storage of more than six (6)
watercraft is to be allowed at a controlled access lot, then the width
of the lot (keeping the same lot depth) must be increased by a
percentage of the requirements for riparian residential lots for each
watercraft beyond six, consistent with the following table:
Urban & Tributary – Sewered
Single 75
Duplex 115
Triplex 150
Quad 190
iii. The lot must be jointly owned by all purchasers of lots in the
subdivision or by all purchasers of nonriparian lots in the subdivision
who are provided riparian access rights on the access lot; and
iv. Covenants or other equally effective legal instruments must be
developed that:
a. Specify which lot owners have authority to use the access lot;
b. Identify what activities are allowed. The activities may include
watercraft launching, loading, storage, beaching, mooring,
docking, swimming, sunbathing, or picnicking;
c. Limit the total number of vehicles allowed to be parked and
the total number of watercraft allowed to be continuously
moored, docked, or stored over water;
d. Require centralization of all common facilities and activities in
the most suitable locations on the lot to minimize
topographic and vegetation alterations; and
e. Require all parking areas, storage buildings, and other
facilities to be screened by vegetation or topography as
much as practical from view from the public water, assuming
summer, leaf-on conditions.
(4) Placement, Height, and Design of Structures
(A) Placement of Structures and Sewage Treatment Systems on
Lots.
When more than one setback applies to a site, structures and facilities must
be located to meet all setbacks, and comply with the following OHWL
setback provisions:
Controlled Access Lot Frontage Requirements
Ratio of Lake Size to Shore Length
(acres/mile)
Required Percent Increase in
Frontage
Less than 100 25%
100 – 200 20%
201 – 300 15%
301 – 400 10%
Greater than 400 5%
Classification Structures Sewage Treatment
System (ft) No Sewer (ft) Sewer (ft)
Lakes
Natural Environment 150 150 150
Recreational Development 100 75 75
General Development 75 50 50
(B) OHWL Setbacks.
Structures, impervious surfaces, and sewage treatment systems must meet
setbacks from the Ordinary High Water Level (OHWL), except that one water-
oriented accessory structure or facility, designed in accordance with Section
3.2.2(f)(3) of this Unified Development Ordinance, may be set back a
minimum distance of ten (10) feet from the OHWL:
(C) Setback averaging.
Where structures exist on the adjoining lots on both sides of a proposed
building site, structure setbacks may be altered without a variance to
conform to the adjoining setbacks from the OHWL, provided the proposed
structure is not located in a shore impact zone or in a bluff impact zone;
(D) Setbacks of decks.
Deck additions may be allowed without a variance to a structure not meeting
the required setback from the ordinary high water level if all of the following
criteria are met:
i. The structure existed on the date the structure setbacks were
established;
ii. A thorough evaluation of the property and structure reveals no
reasonable location for a deck meeting or exceeding the existing
ordinary high water level setback of the structure;
iii. The deck encroachment toward the ordinary high water level does
not exceed 15 percent of the existing setback of the structure from
the ordinary high water level or is no closer than 30 feet from the
OHWL, whichever is more restrictive; and
Rivers and Streams
Urban 100 100 100
iv. The deck is constructed primarily of wood and is not roofed or
screened.
(E) Additional structure setbacks.
Structures must also meet the following setbacks, regardless of the
waterbody classification:
(F) Bluff Impact Zones.
Structures, impervious surfaces, and accessory facilities, except stairways and
landings, must not be placed within bluff impact zones.
(G) Height of Structures.
All structures in residential districts in cities, except places of religious
assembly and nonresidential agricultural structures, must not exceed 25 feet
in height.
(H) Lowest Floor Elevation.
Structures must be placed in accordance with any floodplain regulations
applicable to the site. Where these controls do not exist, the elevation to
which the lowest floor, including basement, is placed or flood-proofed must
be determined as follows:
Setback from: Setback (ft)
Top of bluff 30 (40 for
Mississippi River)
Unplatted cemetery 50
Right-of-way line of federal, state, or county highway 50
Right-of-way line of town road, public street, or other
roads not classified 20
i. For lakes, by placing the lowest floor at a level at least three feet
above the highest known water level, or three feet above the
ordinary high water level, whichever is higher;
ii. For rivers and streams, by placing the lowest floor at least three feet
above the highest known flood elevation. If data are not available, by
placing the lowest floor at least three feet above the ordinary high
water level, or by conducting a technical evaluation to determine
effects of proposed construction upon flood stages and flood flows
and to establish a flood protection elevation. Under all three
approaches, technical evaluations must be done by a qualified
engineer or hydrologist consistent with Minnesota Rules, parts
6120.5000 to 6120.6200 governing the management of floodplain
areas. If more than one approach is used, the highest flood
protection elevation determined must be used for placing structures
and other facilities; and
iii. If the structure is floodproofed instead of elevated under items i and
ii above, then it must be floodproofed in accordance with Minnesota
Rules, part 6120.5900.
(I) Significant Historic Sites.
No structure may be placed on a significant historic site in a manner that
affects the values of the site unless adequate information about the site has
been removed and documented in a public repository.
(5) Water Supply and Sewage Treatment
(A) Water Supply.
Any public or private supply of water for domestic purposes must meet or
exceed standards for water quality of the Minnesota Department of Health
and the Minnesota Pollution Control Agency.
(B) Sewage treatment.
Any premises used for human occupancy must be connected to a publicly-
owned sewer system, where available or comply with Minnesota Rules,
Chapters 7080 – 7081.
Performance Standards for Public and Private Facilities
(1) Placement and Design of Roads, Driveways, and Parking Areas.
Public and private roads and parking areas must be designed to take advantage
of natural vegetation and topography to achieve maximum screening as viewed
from public waters and comply with the following standards:
(A) Roads, driveways, and parking areas must meet structure
setbacks and must not be placed within bluff and shore
impact zones, when other reasonable and feasible placement
alternatives exist. If no alternatives exist, they may be placed
within these areas, and must be designed to minimize adverse
impacts;
(B) Watercraft access ramps, approach roads, and access-related
parking areas may be placed within shore impact zones
provided the vegetative screening and erosion control
conditions of this subpart are met;
(C) Private facilities must comply with the grading and filling
provisions of subsection g (Vegetation and Land Alteration) of
this Unified Development Ordinance; and
(D) For public roads, driveways and parking areas, documentation
must be provided by a qualified individual that they are
designed and constructed to minimize and control erosion to
public waters consistent with the field office technical guides
of the local soil and water conservation district, or other
applicable technical materials.
(2) Stairways, Lifts, and Landings.
Stairways and lifts are the preferred alternative to major topographic alterations
for achieving access up and down bluffs and steep slopes to shore areas.
Stairways, lifts, and landings must meet the following design requirements:
(A) Stairways and lifts must not exceed four feet in width on
residential lots. Wider stairways may be used for commercial
properties, public recreational uses, and planned unit
developments;
(B) Landings for stairways and lifts on residential lots must not
exceed 32 square feet in area. Landings larger than 32 square
feet may be used for commercial properties, public-space
recreational uses, and planned unit developments;
(C) Canopies or roofs are prohibited on stairways, lifts, or
landings;
(D) Stairways, lifts, and landings may be either constructed above
the ground on posts or pilings, or placed into the ground,
provided they are designed and built in a manner that
ensures control of soil erosion;
(E) Stairways, lifts, and landings must be located in the least
visible portion of the lot as viewed from the surface of the
public water assuming summer, leaf-on conditions, whenever
practical; and
(F) Facilities such as ramps, lifts, or mobility paths for physically
handicapped persons are also allowed for achieving access to
shore areas, if they are consistent with the dimensional and
performance standards of section 3.2.2(a) through (f) above,
and the requirements of Minnesota Rules, Chapter 1341.
(3) Water-oriented Accessory Structures or Facilities.
Each residential lot may have one water-oriented accessory structure or facility if
it complies with the following provisions:
(A) The structure or facility must not exceed ten feet in height,
exclusive of safety rails, and cannot occupy an area greater
than 120 square feet. The structure or facility may include
detached decks not exceeding eight feet above grade at any
point or at-grade patios;
(B) The structure or facility is not in the Bluff Impact Zone;
(C) The setback of the structure or facility from the ordinary high
water level must be at least ten feet;
(D) The structure is not a boathouse or boat storage structure as
defined under Minnesota Statutes, Section 103G.245;
(E) The structure or facility must be treated to reduce visibility as
viewed from public waters and adjacent shorelands by
vegetation, topography, increased setbacks or color,
assuming summer, leaf-on conditions;
(F) The roof may be used as an open-air deck with safety rails,
but must not be enclosed with a roof or sidewalls or used as a
storage area;
(G) The structure or facility must not be designed or used for
human habitation and must not contain water supply or
sewage treatment facilities;
(H) As an alternative for general development and recreational
development waterbodies, water-oriented accessory
structures used solely for storage of watercraft and boating-
related equipment may occupy an area up to 400 square feet
provided the maximum width of the structure is 20 feet as
measured parallel to the shoreline; and
(I) Water-oriented accessory structures may have the lowest
floor placed lower than the elevation specified in Section
3.2.2(f)(4)(H) if the structure is constructed of flood-resistant
materials to the elevation, electrical and mechanical
equipment is placed above the elevation and, if long duration
flooding is anticipated, the structure is built to withstand ice
action and wind-driven waves and debris.
Vegetation and Land Alterations
(1) Purpose.
Alterations of vegetation and topography are regulated to prevent erosion into
public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values,
prevent bank slumping, sustain water quality, and protect fish and wildlife
habitat.
(2) Vegetation Management
(A) Removal or alteration of vegetation must comply with the
provisions of this subsection except for:
i. Vegetation alteration necessary for the construction of structures and
sewage treatment systems under validly issued permits for these
facilities;
ii. The construction of public roads and parking areas if consistent with
Section 3.2.2(f)(1) of this Unified Development Ordinance;
iii. Forest management uses consistent with Section 3.2.2(e)(3) of this
Unified Development Ordinance; and
iv. Agricultural uses consistent with Section 3.2.2(e)(2) of this Unified
Development Ordinance.
(B) Intensive vegetation clearing in the shore and bluff impact
zones and on steep slopes is prohibited. Intensive clearing
outside of these areas is allowed if consistent with the forest
management standards in Section 3.2.2(e)(3) of this Unified
Development Ordinance.
(C) Limited clearing and trimming of trees and shrubs in the
shore and bluff impact zones and on steep slopes, is allowed
to provide a view to the water from the principal dwelling and
to accommodate the placement of stairways and landings,
picnic areas, access paths, livestock watering areas, beach and
watercraft access areas, and permitted water-oriented
accessory structures or facilities, provided that:
i. The screening of structures, vehicles, or other facilities as viewed
from the water, assuming summer, leaf-on conditions, is not
substantially reduced;
ii. Existing shading of water surfaces along rivers is preserved;
iii. Cutting debris or slash shall be scattered and not mounded on the
ground; and
iv. Perennial ground cover is retained.
(D) Removal of trees, limbs, or branches that are dead, diseased,
dying, or pose safety hazards is allowed without a permit.
(E) Fertilizer and pesticide runoff into surface waters must be
minimized through use of vegetation, topography or both.
(3) Grading and Filling.
(A) Grading and filling activities must comply with the provisions
of this subsection except for the construction of public roads
and parking areas if consistent with Section 3.2.2(g)(1) of this
Unified Development Ordinance.
(B) Permit Requirements.
i. Grading, filling and excavations necessary for the construction of
structures, sewage treatment systems, and driveways, if part of an
approved permit, do not require a separate grading and filling
permit. However, the standards in Section 3.2.2(h)(3)(C) of this
Unified Development Ordinance must be incorporated into the
permit.
ii. For all other work, including driveways not part of another permit, a
grading and filling permit is required for:
a. the movement of more than ten (10) cubic yards of material
on steep slopes or within shore or bluff impact zones; and
b. the movement of more than 50 cubic yards of material
outside of steep slopes and shore and bluff impact zones.
(C) Grading, filling and excavation activities must meet the
following standards:
i. Grading or filling of any wetland must meet or exceed the wetland
protection standards under Minnesota Rules, Chapter 8420 and any
other permits, reviews, or approvals by other local state, or federal
agencies such as watershed districts, the DNR or US Army Corps of
Engineers;
ii. Land alterations must be designed and implemented to minimize the
amount of erosion and sediment from entering surface waters during
and after construction consistently by:
a. Limiting the amount and time of bare ground exposure;
b. Using temporary ground covers such as mulches or similar
materials;
c. Establishing permanent vegetation cover as soon as possible;
d. Using sediment traps, vegetated buffer strips or other
appropriate techniques;
e. Stabilizing altered areas to acceptable erosion control
standards consistent with the field office technical guides of
the soil and water conservation district;
f. Not placing fill or excavated material in a manner that creates
unstable slopes. Plans to place fill or excavated material on
steep slopes must be reviewed by qualified professionals for
continued slope stability and must not create finished slopes
of 30 percent or greater;
g. Fill or excavated material must not be placed in bluff impact
zones;
h. Any alterations below the ordinary high water level of public
waters must first be authorized by the commissioner under
Minnesota Statutes, Section 103G;
i. Alterations of topography are only allowed if they are
accessory to permitted or conditional uses and do not
adversely affect adjacent or nearby properties; and
j. Placement of natural rock riprap, including associated
grading of the shoreline and placement of a filter blanket, is
permitted if:
i. the finished slope does not exceed three feet horizontal to one
foot vertical;
ii. the landward extent of the riprap is within ten feet of the ordinary
high water level; and
iii. the height of the riprap above the ordinary high water level does
not exceed three feet.
(D) Connections to public waters.
Excavations to connect boat slips, canals, lagoons, and harbors to public
waters require a public waters permit and must comply with Minnesota Rules,
Chapter 6115.
(4) Stormwater Management.
(A) General Standards:
i. When possible, existing natural drainageways, and vegetated soil
surfaces must be used to convey, store, filter, and retain stormwater
runoff before discharge to public waters.
ii. Development must be planned and conducted in a manner that will
minimize the extent of disturbed areas, runoff velocities, erosion
potential, and reduce and delay runoff volumes. Disturbed areas
must be stabilized as soon as possible, and appropriate facilities or
methods used to retain sediment on the site.
iii. When development density, topography, soils, and vegetation are
not sufficient to adequately handle stormwater runoff, constructed
facilities such as settling basins, skimming devices, dikes, waterways,
ponds and infiltration may be used. Preference must be given to
surface drainage, vegetation, and infiltration rather than buried pipes
and man-made materials and facilities.
(B) Specific Standards:
i. Impervious surfaces of lots must not exceed 25 percent of the lot
area.
ii. When constructed facilities are used for stormwater management,
documentation must be provided by a qualified individual that they
are designed and installed consistent with the field office technical
guide of the local soil and water conservation district or the
Minnesota Stormwater Manual, as applicable.
iii. New constructed stormwater outfalls to public waters must be
consistent with Minnesota Rules, part 6115.0231.
Subdivision/Platting Provisions
(1) Purpose
To ensure that new development minimizes impacts to shoreland resources and
is safe and functional.
(2) Land Suitability
Each lot created through subdivision, including planned unit developments
authorized under Section 2.6 of this Unified Development Ordinance, must be
suitable in its natural state for the proposed use with minimal alteration. A
suitability analysis must be conducted for each proposed subdivision, including
planned unit developments, to determine if the subdivision is suitable in its
natural state for the proposed use with minimal alteration and whether any
feature of the land is likely to be harmful to the health, safety, or welfare of future
residents of the proposed subdivision or of the community.
(3) Consistency with other Controls
Subdivisions and each lot in a subdivision shall meet all official controls so that a
variance is not needed later to use the lots for their intended purpose.
(4) Water and Sewer Design Standards
(A) A potable water supply and a sewage treatment system
consistent with Minnesota Rules, Chapters 7080 – 7081 must
be provided for every lot.
(B) Each lot must include at least two soil treatment and dispersal
areas that support systems described in Minnesota Rules,
parts 7080.2200 to 7080.223 or site conditions described in
part 7081.0270, as applicable.
(C) Lots that would require use of holding tanks are prohibited.
(5) Information requirements.
(A) Topographic contours at ten-foot intervals or less from United
States Geological Survey maps or more current sources,
showing limiting site characteristics;
(B) The surface water features required in Minnesota Statutes,
section 505.021, to be shown on plats, obtained from United
States Geological Survey quadrangle topographic maps or
more current sources;
(C) Adequate soils information to determine suitability for
building and sewage treatment capabilities for every lot from
the most current existing sources or from field investigations
such as soil borings, percolation tests, or other methods;
(D) Information regarding adequacy of domestic water supply;
extent of anticipated vegetation and topographic alterations;
near-shore aquatic conditions, including depths, types of
bottom sediments, and aquatic vegetation; and proposed
methods for controlling stormwater runoff and erosion, both
during and after construction activities;
(E) Location of 100-year floodplain areas and floodway districts
from existing adopted maps or data; and
(F) A line or contour representing the ordinary high water level,
the “toe” and the “top” of bluffs, and the minimum building
setback distances from the top of the bluff and the lake or
stream.
(6) Dedications.
When a land or easement dedication is a condition of subdivision approval, the
approval must provide easements over natural drainage or ponding areas for
management of stormwater and significant wetlands.
(7) Platting.
All subdivisions that cumulatively create five or more lots or parcels that are 2-
1/2 acres or less in size shall be processed as a plat in accordance with Minnesota
Statutes, Chapter 462.358 and Section 505. No permit for construction of
buildings or sewage treatment systems shall be issued for lots created after the
adoption of this Unified Development Ordinance unless the lot was previously
approved as part of a formal subdivision.
(8) Controlled Access Lots.
Controlled access lots within a subdivision must meet or exceed the lot size
criteria in Section 3.2.2f(3) of this Unified Development Ordinance.
Planned Unit Developments (PUDs)
(1) Purpose
To protect and enhance the natural and scenic qualities of shoreland areas during
and after development and redevelopment of high density residential and
commercial uses.
(2) Types of PUDs Permissible
Planned unit developments (PUDs) are allowed for new projects on undeveloped
land, redevelopment of previously built sites, or conversions of existing buildings
and land. Deviation from the minimum lot size standards of Sections 2.2 through
2.6 of this Unified Development Ordinance is allowed if the standards in this
Section are met.
(3) Processing of PUDs
Planned unit developments must be processed as a conditional use. An
expansion to an existing commercial PUD involving 6 or less new dwelling units
or sites since the date this Unified Development Ordinance was adopted is
permissible as a permitted use provided the total project density does not exceed
the allowable densities calculated in the project density evaluation procedures in
3.2.2(j)(5). Approval cannot occur until all applicable environmental reviews are
complete.
(4) Application for a PUD.
The applicant for a PUD must submit the following documents prior to final
action on the application request:
(A) Site plan and/or plat showing:
i. Locations of property boundaries;
ii. Surface water features;
iii. Existing and proposed structures and other facilities;
iv. Land alterations;
v. Sewage treatment and water supply systems (where public systems
will not be provided);
vi. Topographic contours at ten-foot intervals or less; and
vii. Identification of buildings and portions of the project that are
residential, commercial, or a combination of the two (if project
combines commercial and residential elements).
(B) A property owners association agreement (for residential
PUD’s) with mandatory membership, and consistent with
Section 3.2.2(j)(6) of this Unified Development Ordinance.
(C) Deed restrictions, covenants, permanent easements or other
instruments that:
i. Address future vegetative and topographic alterations, construction
of additional buildings, beaching of watercraft, and construction of
commercial buildings in residential PUDs; and
ii. Ensure the long-term preservation and maintenance of open space in
accordance with the criteria and analysis specified in Section
3.2.2(j)(6) of this Unified Development Ordinance.
(D) A master plan/site plan describing the project and showing
floor plans for all commercial structures.
(E) Additional documents necessary to explain how the PUD will
be designed and will function.
(5) Density Determination
Proposed new or expansions to existing planned unit developments must be
evaluated using the following procedures.
(A) Step 1. Identify Density Analysis Tiers. Divide the project
parcel into tiers by drawing one or more lines parallel to the
ordinary high water level at the following intervals,
proceeding landward:
(B) Step 2. Calculate Suitable Area for Development. Calculate the
suitable area within each tier by excluding all wetlands, bluffs,
or land below the ordinary high water level of public waters.
(C) Step 3. Determine Base Density:
i. For residential PUDs, divide the suitable area within each tier by the
minimum single residential lot area for lakes to determine the
allowable number of dwelling units, or base density, for each tier. For
rivers, if a minimum lot area is not specified, divide the tier width by
the minimum single residential lot width.
ii. For commercial PUDs:
a. Determine the average area for each dwelling unit or
dwelling site within each tier. Include both existing and
proposed dwelling units and sites in the calculation.
i. For dwelling units, determine the average inside living floor area
of dwelling units in each tier. Do not include decks, patios,
garages, or porches and basements, unless they are habitable
space.
ii. For dwelling sites (campgrounds), determine the area of each
dwelling site as follows:
• For manufactured homes, use the area of the manufactured
home, if known, otherwise use 1,000 sf.
• For recreational vehicles, campers or tents, use 400 sf.
Classification
Tier Depth
Sewer (ft)
General Development Lakes – 1st tier 200
General Development Lakes – all other tiers 200
Recreational Development Lakes 267
All Rivers 300
iii. Select the appropriate floor area/dwelling site area ratio from the
following table for the floor area or dwelling site area determined
in Section (C)(ii)(a) above.
iv. Multiply the suitable area within each tier determined in (B) above
by the floor area or dwelling site area ratio to yield the total floor
area or dwelling site area for each tier to be used for dwelling
units or dwelling sites.
v. Divide the total floor area or dwelling site area for each tier
calculated in (C)(ii)(a), (iv) above by the average inside living floor
area for dwelling units or dwelling site area determined in (C)(ii),
(a)(i) above This yields the allowable number of dwelling units or
dwelling sites, or base density, for each tier.
b. Allowable densities may be transferred from any tier to any
other tier further from the waterbody but must not be
transferred to any tier closer to the waterbody.
c. All PUDs with densities at or below the base density must
meet the design standards in Section 3.2.2(j)(6).
(D) Step 4. Determine if the Site can Accommodate Increased
Density:
i. The following increases to the dwelling unit or dwelling site base
densities determined (B) above are allowed if the design criteria in
Inside Living Floor
Area or Dwelling Site
Area (sq. Ft.)
Floor Area/Dwelling Site Area Ratio
General Development
Lakes w/Sewer – all
tiers, Urban Rivers
Recreational
Development Lakes
Natural Environment
Lakes
< 200 .040 .020 .010
300 .048 .024 .012
400 .056 .028 .014
500 .065 .032 .016
600 .072 .038 .019
700 .082 .042 .021
800 .091 .046 .023
900 .099 .050 .025
1,000 .108 .054 .027
1,100 .116 .058 .029
1,200 .125 .064 .032
1,300 .133 .068 .034
1,400 .142 .072 .036
> 1,500 .150 .075 .038
Section 3.2.2(j)(6) of this Unified Development Ordinance are satisfied
as well as the standards in item ii below:
Shoreland Tier
Maximum Density
Increase within Each Tier
1st 50%
2nd 100%
3rd 200%
4th 200%
5th 200%
ii. Structure setbacks from the ordinary high water level:
a. Are increased to at least 50 percent greater than the
minimum setback; or
b. The impact on the waterbody is reduced an equivalent
amount through vegetative management, topography, or
additional acceptable means and the setback is at least 25
percent greater than the minimum setback.
(6) Design Criteria
All PUDs must meet the following design criteria.
(A) General Design Standards.
i. All residential planned unit developments must contain at least five
dwelling units or sites.
ii. On-site water supply and sewage treatment systems must be
centralized and meet the standards in Section 3.2.2(f)(5) of this
Unified Development Ordinance. Sewage treatment systems must
meet the setback standards of Section 3.2.2(f)(4) of this Unified
Development Ordinance.
iii. Dwelling units or dwelling sites must be clustered into one or more
groups and located on suitable areas of the development.
iv. Dwelling units or dwelling sites must be designed and located to
meet the dimensional standards in Section 3.2.2(e)(3) and (4)
v. Shore recreation facilities:
a. Must be centralized and located in areas suitable for them
based on a suitability analysis.
b. The number of spaces provided for continuous beaching,
mooring, or docking of watercraft must not exceed one for
each allowable dwelling unit or site in the first tier
(notwithstanding existing mooring sites in an existing
commercially used harbor).
c. Launching ramp facilities, including a small dock for loading
and unloading equipment, may be provided for use by
occupants of dwelling units or sites located in other tiers.
vi. Structures, parking areas, and other facilities must be treated to
reduce visibility as viewed from public waters and adjacent
shorelands by vegetation, topography, increased setbacks, color, or
other means acceptable to the local unit of government, assuming
summer, leaf-on conditions. Vegetative and topographic screening
must be preserved, if existing, or may be required to be provided.
vii. Accessory structures and facilities, except water oriented accessory
structures, must meet the required structure setback and must be
centralized.
viii. Water-oriented accessory structures and facilities may be allowed if
they meet or exceed design standards contained in Section 3.2.2(g)
of this Unified Development Ordinance and are centralized.
(B) Open Space Requirements.
i. Open space must constitute at least 50 percent of the total project
area and must include:
a. Areas with physical characteristics unsuitable for
development in their natural state;
b. Areas containing significant historic sites or unplatted
cemeteries;
c. Portions of the shore impact zone preserved in its natural or
existing state as follows:
i. For existing residential PUD’s, at least 50 percent of the shore
impact zone
ii. For new residential PUDs, at least 70 percent of the shore impact
zone.
iii. For all commercial PUD’s, at least 50 percent of the shore impact
zone.
ii. Open space may include:
a. Outdoor recreational facilities for use by owners of dwelling
units or sites, by guests staying in commercial dwelling units
or sites, and by the general public;
b. Subsurface sewage treatment systems if the use of the space
is restricted to avoid adverse impacts on the systems; and
c. Non-public water wetlands.
iii. Open space shall not include:
a. Dwelling sites or lots, unless owned in common by an
owners’ association;
b. Dwelling units or structures, except water-oriented accessory
structures or facilities;
c. Road rights-of-way or land covered by road surfaces and
parking areas;
d. Land below the OHWL of public waters; and
e. Commercial facilities or uses.
(C) Open Space Maintenance and Administration Requirements.
i. Open space preservation. The appearance of open space areas,
including topography, vegetation, and allowable uses, must be
preserved and maintained by use of deed restrictions, covenants,
permanent easements, public dedication, or other equally effective
and permanent means. The instruments must prohibit:
a. Commercial uses (for residential PUD’s);
b. Vegetation and topographic alterations other than routine
maintenance;
c. Construction of additional buildings or storage of vehicles
and other materials; and
d. Uncontrolled beaching of watercraft.
ii. Development organization and functioning. Unless an equally
effective alternative community framework is established, all
residential planned unit developments must use an owners’
association with the following features:
a. Membership must be mandatory for each dwelling unit or
dwelling site owner and any successive owner;
b. Each member must pay a pro rata share of the association’s
expenses, and unpaid assessments can become liens on units
or dwelling sites;
c. Assessments must be adjustable to accommodate changing
conditions; and
d. The association must be responsible for insurance, taxes, and
maintenance of all commonly owned property and facilities.
(D) Erosion Control and Stormwater Management.
i. Erosion control plans must be developed and must be consistent
with the provisions of Section 3.2.2(h)(3) of this Unified Development
Ordinance. Erosion control plans approved by a soil and water
conservation district may be required if project size and site physical
characteristics warrant.
ii. Stormwater management facilities must be designed and
constructed to manage expected quantities and qualities of
stormwater runoff. For commercial PUDs, impervious surfaces within
any tier must not exceed 25 percent of the tier area, except that 35
percent impervious surface coverage may be allowed in the first tier
of general development lakes with an approved stormwater
management plan and consistency with Section 3.2.2(h) of this
Unified Development Ordinance.
(7) Conversions
Local governments may allow existing resorts or other land uses and facilities to
be converted to residential PUDs if all of the following standards are met:
(A) Proposed conversions must be evaluated using the same
procedures for residential PUDs involving new construction.
Inconsistencies between existing features of the development
and these standards must be identified;
(B) Deficiencies involving water supply and sewage treatment,
structure color, impervious coverage, open space, and shore
recreation facilities must be corrected as part of th e
conversion or as specified in the conditional use permit;
(C) Shore and bluff impact zone deficiencies must be evaluated,
and reasonable improvements made as part of the
conversion. These improvements must include, where
applicable, the following:
i. Removal of extraneous buildings, docks, or other facilities that no
longer need to be located in shore or bluff impact zones;
ii. Remedial measures to correct erosion, improve vegetative cover and
improve screening of buildings and other facilities as viewed from
the water; and
iii. Conditions attached to existing dwelling units located in shore or
bluff impact zones that preclude exterior expansions in any
dimension or substantial alterations. The conditions must also
provide for future relocation of dwelling units, where feasible, to
other locations, meeting all setback and elevation requirements
when they are rebuilt or replaced.
(D) Existing dwelling unit or dwelling site densities that exceed
standards in Section 2 of this Unified Development Ordinance
may be allowed to continue but must not be allowed to be
increased, either at the time of conversion or in the future.
Efforts must be made during the conversion to limit impacts
of high densities by requiring seasonal use, improving
vegetative screening, centralizing shore recreation facilities,
installing new sewage treatment systems, or other means.
3.1.3 CA – Mississippi River Corridor Critical Area (MRCCA)
Authority, Intent, and Purpose
(1) Statutory Authorization.
This Mississippi River Corridor Critical Area (MRCCA) (section, chapter or article) is
adopted pursuant to the authorization and policies contained in Minnesota Statutes,
Chapter 116G, Minnesota Rules, Parts 6106.0010 - 6106.0180, and the planning and
zoning enabling legislation in Minnesota Statutes, Chapter 462 and 473.
(2) Policy
The Legislature of Minnesota has delegated responsibility to local governments of
the state to regulate the subdivision, use and development of designated critical
areas and thus preserve and enhance the quality of important historic, cultural,
aesthetic values, and natural systems and provide for the wise use of these areas.
General Provisions and Definitions
(1) Jurisdiction
The provisions of this (section, chapter or article) apply to land within the river
corridor boundary as described in the State Register, volume 43, pages 508 to
519 and shown on the zoning map (insert reference citation).
(2) Enforcement
The Zoning Administrator is responsible for the administration and enforcement
of this section. Any violation of its provisions or failure to comply with any of its
requirements including violations of conditions and safeguards established in
connection with grants of variances or conditional uses constitutes a
misdemeanor and is punishable as defined by law. Violations of this (section,
chapter or article) can occur regardless of whether or not a permit is required for
a regulated activity listed in Section 3.2.
(3) Severability
If any section, clause, provision, or portion of this (section, chapter or article) is
judged unconstitutional or invalid by a court of competent jurisdiction, the
remainder of this (section, chapter or article) shall not be affected thereby.
(4) Abrogation and Greater Restrictions
It is not intended by this (section, chapter or article) to repeal, abrogate, or impair
any existing easements, covenants, or deed restrictions. However, where this
(section, chapter or article) imposes greater restrictions, the provisions of this
(section, chapter or article) shall prevail. All other (sections, chapters or articles)
inconsistent with this (section, chapter or article) are hereby repealed to the
extent of the inconsistency only.
(5) Underlying Zoning
Uses and standards of underlying zoning districts apply except where standards
of this overlay district are more restrictive.
(6) Definitions
Unless specifically defined in Section 8, words or phrases used in this Unified
Development Ordinance must be interpreted according to common usage and so
as to give this Unified Development Ordinance its most reasonable application.
Administration
(1) Purpose
The purpose of this Section is to identify administrative provisions to ensure this
(section, chapter, or article) is administered consistent with its purpose.
(2) Permits
A permit is required for the construction of buildings or building additions
(including construction of decks and signs), the installation and/or alteration of
sewage treatment systems, vegetation removal, and land alterations consistent
with this Chapter.
(3) Variances.
Variances to the requirements under this Section may only be granted in
accordance with Minnesota Statutes, Section 462.357 and must consider the
potential impacts of variances on primary conservation areas (PCAs), public river
corridor views (PRVCs), and other resources identified in the MRCCA plan. In
reviewing the variance application the City of Brooklyn Center shall:
(A) Evaluate the impacts to these resources. and if negative
impacts are found, require conditions to mitigate the impacts
that are related to and proportional to the impacts, consistent
with Section 3.2.3(e) and
(B) Make written findings that the variance is consistent with
Section 6.3 and with the following criteria.
i. The extent, location and intensity of the variance will be in substantial
compliance with the MRCCA Plan;
ii. The variance is consistent with the character and management
purpose of the MRCCA district in which it is located;
iii. The variance will not negatively impact birds and other wildlife using
the Mississippi Flyway through habitat loss, collision threats, or light
pollution, in compliance with Minnesota B3 guidelines version 3.2,
Site and Water Guideline: S. 5 Animal Habitat Support;
iv. The variance will not limit public access to parklands and the River;
v. The variance will not be detrimental to PCAs and PRCVs nor will it
contribute to negative incremental impacts to PCAs and PRCVs when
considered in the context of past, present and reasonable future
actions.
(4) Conditional and Interim Use Permits
All conditional and interim uses, required under this (section, chapter or article),
must comply with Minnesota Statutes, section 462.3595 and must consider the
potential impacts on primary conservation areas, public river corridor views, and
other resources identified in the MRCCA plan. In reviewing the application, the
City shall:
(A) Evaluate the impacts to these resources and if negative
impacts are found, require conditions to mitigate the impacts
that are related to and proportional to the impacts, consistent
with Section 3.2.3(j); and
(B) Make written findings that the conditional use is consistent
with the purpose of this Section, as follows.
i. The extent, location and intensity of the conditional use will be in
substantial compliance with the MRCCA Plan;
ii. The conditional use is consistent with the character and management
purpose of the MRCCA district in which it is located;
iii. The conditional use permit will not negatively impact birds and other
wildlife using the Mississippi Flyway through habitat loss, collision
threats, or light pollution, in compliance with Minnesota B3
guidelines version 3.2, Site and Water Guideline: S. 5 Animal Habitat
Support;
iv. The conditional use will not be detrimental to PCAs and PRCVs nor
will it contribute to negative incremental impacts to PCAs and PRCVs
when considered in the context of past, present and reasonable
future actions.
(5) Conditions of Approval.
The City shall evaluate the impacts to PCAs, PRCVs, and other resources identified
in the MRCCA Plan, and if negative impacts are found, require conditions to
mitigate the impacts that are related to and proportional to the impacts.
Mitigation may include:
(A) Restoration of vegetation identified as “vegetation restoration
priorities” identified in the MRCCA plan;
(B) Preservation of existing vegetation;
(C) Stormwater runoff management;
(D) Reducing impervious surface;
(E) Increasing structure setbacks;
(F) Wetland and drainageway restoration and/or preservation;
and
(G) Other conservation measures, including;
i. Increasing and/or improving habitat for pollinators, birds and other
wildlife using native trees, shrubs and other vegetation.
(6) Application materials.
Applications for permits and discretionary actions required under this Section
must submit the following information unless the City determines that the
information is not needed.
(A) A detailed project description; and
(B) Scaled maps and plans, dimensional renderings, maintenance
agreements, and other materials that identify and describe:
i. Primary conservation areas;
ii. Public river corridor views;
iii. Buildable area;
iv. Existing and proposed topography and drainage patterns;
v. Proposed storm water and erosion and sediment control practices;
vi. Existing and proposed vegetation to be removed and established;
vii. Ordinary high water level, blufflines, and all required setbacks;
viii. Existing and proposed structures;
ix. Existing and proposed impervious surfaces; and
x. Existing and proposed subsurface sewage treatment systems.
(7) Nonconformities.
(A) All legally established nonconformities as of the date of this
Unified Development Ordinance may continue consistent with
Minnesota Statute 462.357.
(B) New structures erected in conformance with the setback
averaging provisions of Section 3.2.3(f)(4)(D) are conforming
structures.
(C) Site alterations and expansion of site alterations that were
legally made prior to the effective date of this Unified
Development Ordinance are conforming. Site alterations
include vegetation, erosion control, storm water control
measures, and other nonstructural site improvements.
(D) Legally nonconforming principal structures that do not meet
the setback requirements of Section 3.2.3(f)(2) may be
expanded laterally provided that:
i. The expansion does not extend into the shore or bluff impact zone or
further into the required setback than the building line of the existing
principal structure (See Figure 5); and
ii. The expanded structure’s scale and bulk is consistent with that of the
original structure and existing surrounding development.
Figure 5. Expansion of Nonconforming Structure
(8) Notifications
(A) Amendments to this (section, chapter, or article) and to the
MRCCA plan must be submitted to the Commissioner as
provided in Minnesota Rules, part 6106.0070.
(B) Notice of public hearings for discretionary actions, including
conditional and interim use permits, variances, appeals,
rezonings, preliminary plats, final subdivision plats, and PUDs,
must be sent to the following entitites at least ten (10) days
prior to the hearing:
i. The Commissioner in a format prescribed by the DNR;
ii. National Park Service; and
iii. Where building heights exceed the height limits specified in Section
3.2.3(f)(2) as part of the conditional use or variance process,
adjoining local governments within the MRCCA, including those with
overlapping jurisdiction and those across the river.
(C) Notice of final decisions for actions in Section 3.2.3(c)(8)(B),
including findings of fact, must be sent to the Commissioner,
the National Park Service, and adjoining local governments
within the MRCCA within ten (10) days of the final decision.
(D) Requests to amend district boundaries must follow the
provisions in Minnesota Rules, part 6106.0100.
(9) Accommodating disabilities.
Reasonable accommodations for ramps or other facilities to provide persons with
disabilities access to the persons’ property, as required by the federal Americans
with Disabilities Act and the federal Fair Housing Act and as provided by
Minnesota Rules, chapter 1341, must:
(A) Comply with Sections 3.2.3(f) through (l); or
(B) If Sections 3.2.3(f) through (I) cannot be complied with, ramps
or other facilities are allowed with an administrative permit
provided:
i. The permit terminates on either a specific date or upon occurrence
of a particular event related to the person requiring accommodation;
and
ii. Upon expiration of the permit, the ramp or other facilities must be
removed.
MRCCA Districts
(1) Purpose.
The purpose of this Section is to establish districts under which building height
and structure placement are regulated to protect and enhance the Mississippi
River’s resources and features consistent with the natural and built character of
each district.
(2) District Application
MRCCA Districts are overlaid over zoning districts as identified in the official city
Zoning Map. Regulations and requirements imposed by MRCCA Districts shall be
enforced in addition to those in the base zoning district. In instances where two
or more overlay districts apply, the more restrictive requirements shall apply.
(3) District description and management purpose.
The MRCCA within the City is divided into the following MRCCA Districts:
(A) River Neighborhood (RN).
i. Description.
The RN District is characterized by primarily residential neighborhoods that
are riparian or readily visible from the river or that abut riparian parkland. The
district includes parks and open space, limited commercial development,
marinas, and related land uses.
ii. Management Purpose
The RN District must be managed to maintain the character of the river
corridor within the context of existing residential and related neighborhood
development, and to protect and enhance habitat, parks and open space,
public river corridor views, and scenic, natural, and historic areas. Minimizing
erosion and the flow of untreated storm water into the river and enhancing
habitat and shoreline vegetation are priorities in the district.
(B) Separated from River (SR).
i. Description.
The SR District is characterized by its physical and visual distance from the
Mississippi River. The district includes land separated from the river by
distance, topography, development, or a transportation corridor. The
land in this district is not readily visible from the Mississippi River.
ii. Management purpose.
The SR district provides flexibility in managing development without
negatively affecting the key resources and features of the river corridor.
Minimizing negative impacts to primary conservation areas and
minimizing erosion and flow of untreated storm water into the Mississippi
River are priorities in the district. The RTC district must be managed in a
manner that allows continued growth and redevelopment in historic
downtowns and more intensive redevelopment in limited areas at river
crossings to accommodate compact walkable development patterns and
connections to the river. Minimizing erosion and the flow of untreated
storm water into the river, providing public access to and public views of
the river, and restoring natural vegetation in riparian areas and tree
canopy are priorities in the district.
(4) MRCCA District Map
The locations and boundaries of the MRCCA districts established by this Section
are shown on the City Zoning Map which is incorporated herein by reference. The
district boundary lines are intended to follow the center lines of rivers and
streams, highways, streets, lot lines, and municipal boundaries, unless a boundary
line is otherwise indicated on the map. Where district boundaries cross
unsubdivided property, the district boundary line is determined by use of
dimensions or the scale appearing on the map.
Special Land Use Provisions
(1) Purpose
To identify development standards and considerations for land uses that have
potential to negatively impact primary conservation areas and public river
corridor views.
(2) Underlying Zoning
Uses within the MRCCA are generally determined by underlying zoning, with
additional provisions for the following land uses:
(A) Agricultural use.
Perennial ground cover is required within 50 feet of the ordinary high water
level and within the bluff impact zone.
(B) Feedlots.
New animal feedlots and manure storage areas are prohibited. Existing
animal feedlots and manure storage areas must conform with Minnesota
Rules, chapter 7020.
(C) Forestry.
Tree harvesting and biomass harvesting within woodlands, and associated
reforestation, must be consistent with recommended practices in Conserving
Wooded Areas in Developing Communities: Best Management Practices in
Minnesota.
(D) Nonmetallic mining.
Nonmetallic mining requires a conditional use permit or interim use permit
issued by the local government, subject to the following:
i. New nonmetallic mining is prohibited within the shore impact zone
and bluff impact zone and within the required structure setback from
the bluffline and OHWL;
ii. Processing machinery must be located consistent with setback
standards for structures as provided in Section 3.2.3(f)(3);
iii. Only one barge loading area, which must be limited to the minimum
size practicable, is permitted for each mining operation;
iv. New and, where practicable, existing nonmetallic mining operations
must not be readily visible and must be screened by establishing and
maintaining natural vegetation. The unscreened boundaries of
nonmetallic mining areas are limited to only the barge loading area;
v. A site management plan must be developed by the operator and
approved by the local government before new nonmetallic mining
commences. Operations must be consistent with the site plan
throughout the duration of operations at the site. The site
management plan must:
a. Describe how the site will be developed over time with an
emphasis on minimizing environmental risk to public waters;
b. Explain where staged reclamation may occur at certain points
during the life of the site;
c. Address dust, noise, storm water management, possible
pollutant discharges, days and hours of operation, and
duration of operations; and
d. Describe any anticipated vegetation and topographic
alterations outside the pit, and reclamation plans consistent
with the stated end use for the land; and;
vi. Existing and new nonmetallic mining operations must submit land
reclamation plans to the local government compatible with the
purposes of this Unified Development Ordinance.
(E) River-dependent uses.
River-dependent uses must comply with the following design standards:
i. Structures and parking area, except shoreline facilities and private
roads and conveyances serving river-dependent uses as provided in
Section 3.2.3(l), must meet the dimensional and performance
standards in this Section, must be designed so that they are not
readily visible, and must be screened by establishing and maintaining
natural vegetation;
ii. Shoreline facilities must comply with Minnesota Rules, chapter 6115
and must:
a. be designed in a compact fashion so as to minimize the
shoreline area affected; and
b. minimize the surface area of land occupied in relation to the
number of watercraft or barges to be served; and
iii. Dredging and placement of dredged material are subject to existing
federal and state permit requirements and agreements.
(F) Wireless communication towers.
Wireless communication towers require a conditional or interim use permit
and are subject to the following design standards:
i. The applicant must demonstrate that functional coverage cannot be
provided through co-location, a tower at a lower height, or a tower
at a location outside of the MRCCA;
ii. The tower must not be located in a bluff or shore impact zone; and
iii. Placement of the tower must minimize impacts on public river
corridor views.
iv. Comply with the general design standards in Section 3.2.3(h)(2)
Structure Height and Placement and Lot Size
(1) Purpose
To establish standards that protect primary conservation areas and public river
corridor views from development impacts and ensure that new development is
sited consistent with the purpose of the MRCCA.
(2) Structure Height
Structures and facilities must comply with the following standards unless
identified as exempt in Section 3.2.3(l)
(A) Structures and facilities must comply with the following
standards unless identified as exempt in Section 3.2.3(l).
i. RN District: 25 feet in residential districts, except for places of
religious assembly. 35 feet for all other districts.
ii. SR District: Height is determined by underlying zoning, provided the
allowed height is consistent with that of the mature treeline, where
present, and existing surrounding development, as viewed from the
OHWL of the opposite shore.
(3) Height is measured of the side of the structure facing the Mississippi River.
(4) In addition to the conditional use permit requirements of Section 3.2.3(c)(4), criteria
for considering whether to grant a conditional use permit for structures exceeding
the height limits must include:
(A) Assessment of the visual impact of the proposed structure on
public river corridor views, including views from other
communities;
(B) Determination that the proposed structure meets the required
bluff and OHWL setbacks;
(C) Identification and application of techniques to minimize the
perceived bulk of the proposed structure, such as:
i. Placing the long axis of the building perpendicular to the river;
ii. Stepping back of portions of the facade;
iii. Lowering the roof pitch or use of a flat roof;
iv. Using building materials or mitigation techniques that will blend in
with the natural surroundings such as green roofs, green walls, or
other green and brown building materials;
v. Compliance with the Minnesota B3 Guidelines version 3.2, Site and
Water Guideline: S. 5 Animal Habitat Support;
vi. Narrowing the profile of upper floors of the building; or
vii. Increasing the setbacks of the building from the Mississippi River or
blufflines;
Commented [MT17]: Aligns with minimums established in
Shoreland
Commented [MT18]: We anticipate this to be ok. SR almost
completely falls on or outside the Shoreland boundary, and it
doesn’t appear that any whole lots are within Shoreland, which
would trigger the regulation noted in the RN district. Will
confirm with Dan when we submit.
https://clients.bolton-menk.com/brooklyncenter2019/wp-
content/uploads/sites/61/2021/06/BRCN_ShorelandAreas_11X
17P.pdf
(D) Identification of techniques for preservation of those view
corridors identified in the MRCCA Plan; and
(E) Opportunities for creation or enhancement of public river
corridor views.
(5) Structure and impervious surface placement.
(A) Structures and impervious surface must not be placed in the
shore or bluff impact zones unless identified as an exemption
in Section 3.2.3(l).
(B) Structures and facilities must comply with the following
OHWL setback provisions unless identified as exempt in
3.2.3(l).
i. RN District: 100 feet from the Mississippi River.
(C) Structures and facilities must comply with the following
bluffline setback provisions unless identified as exempt in
Section 3.2.3(l):
i. RN District: 40 feet.
ii. SR District: 40 feet.
(D) Where principal structures exist on the adjoining lots on both
sides of a proposed building site, the minimum setback may
be altered to conform to the average of the adjoining
setbacks, provided that the new structure's scale and bulk
riverward or bluffward of the setbacks required under Section
3.2.3(f)(C) and (D) are consistent with adjoining development.
See Figure 6. Figure 6. Structure Setback Averaging
Figure 6. Structure Setback Averaging
(E) Subsurface sewage treatment systems, including the septic
tank and absorption area, must be located at least 75 feet
from the ordinary high water level of the Mississippi River and
all other public waters.
(6) Lot size and buildable area.
(A) The width of lots abutting the Mississippi River in the ROS
District must be at least 200 feet, unless alternative design
methods are used that provide greater protection of the
riparian area.
(B) All new lots must have adequate buildable area to comply
with the setback requirements of Section 3.2.3(b) and (c) so as
to not require variances to use the lots for their intended
purpose.
Performance Standards for Private Facilities
(1) Purpose
To establish design standards for private facilities that are consistent with best
management practices and that minimize impacts to primary conservation areas,
public river corridor views and other resources identified in the MRCCA plan.
(2) General Design Standards
All private facilities must be developed in accordance with the vegetation
management and land alteration requirements in Section 3.2.3(i) and Section
3.2.3(j).
(3) Private Roads, Driveways, and Parking Areas
Except as provided in Section 3.2.3(l), private roads, driveways and parking areas
must:
(A) Be designed to take advantage of natural vegetation and
topography so that they are not readily visible;
(B) Comply with structure setback requirements according to
Section 3.2.3(c); and
(C) Not be placed within the bluff impact zone or shore impact
zone, unless exempt under Section 3.2.3(l) and designed
consistent with Section 3.2.3(h).
(4) Private water access and viewing facilities.
(A) Private access paths must be no more than:
i. Eight feet wide, if placed within the shore impact zone; and
ii. Four feet wide, if placed within the bluff impact zone.
(B) Private water access ramps must:
i. Comply with Minnesota Rules, chapters 6115.0210 and 6280.0250;
and
ii. Be designed and constructed consistent with the applicable
standards in Design Handbook for Recreational Boating and Fishing
Facilities.
(C) Design and construction of private stairways, lifts, and
landings are subject to the following standards:
i. Stairways and lifts must not exceed four feet in width on residential
lots. Wider stairways may be used for commercial properties and
residential facilities held in common, if approved by the City;
ii. Landings for stairways and lifts on residential lots must not exceed 32
square feet in area. Landings larger than 32 square feet area allowed
for commercial properties and residential facilities held in common, if
approved by the City Zoning Administrator;
iii. Canopies or roofs are prohibited on stairways, lifts, or landings;
iv. Stairways, lifts, and landings must be located in the least visible
portion of the lot whenever practical; and
v. Ramps, lifts, mobility paths, or other facilities for persons with
physical disabilities are allowed for achieving access to shore areas
according to Section 3.2.3(g) and as provided under Section 3.2.3(c).
(D) One water-oriented accessory structure is allowed for each
riparian lot or parcel less than 300 feet in width at the
ordinary high water level, with one additional water-oriented
accessory structure allowed for each additional 300 feet of
shoreline on the same lot or parcel. Water-oriented accessory
structures are prohibited in the bluff impact zone and must:
i. not exceed 10 feet in height;
ii. not exceed 120 square feet in area; and
iii. be placed a minimum of 10 feet from the ordinary high water level.
(5) Decks and patios in setback areas.
Decks and at-grade patios may encroach into the required setbacks from the
ordinary high water level and blufflines without a variance, when consistent with
Sections 3.2.3(i) and (j), provided that:
(A) The structure existed on the date the structure setbacks were
established;
(B) A thorough evaluation of the property and structure reveals no
reasonable location for a deck meeting or exceeding the
existing ordinary high water level setback of the structure;
(C) The deck is constructed primarily of wood and is not roofed or
screened.
(D) The deck or patio does not extend into the bluff impact zone.
(E) The area of the deck or patio that extends into the required
setback area occupies no more than 25 percent of the total
area between the required setback and 15 percent using the
below formula, as shown in Figure 7:
[required setback depth (feet) x 0.15 x lot width (feet) = maximum total
area]
Figure 7. Deck and Patio Encroachment
(6) Off-premise and directional signs
(A) Off-premise adverting signs must:
i. Meet required structure placement and height standards in Sections
3.2.3(f)(2) and (3).
ii. Not be readily visible
(B) Directional signs for patrons arriving at a business by
watercraft must comply with the following standards:
i. They must be consistent with Minnesota Statutes, section 86B.115.
ii. Only convey the location and name of the establishment and the
general types of goods and services available, if located in a shore
impact zone.
iii. Be no greater than ten feet in height and 32 square feet in surface
area; and
iv. If illuminated, the lighting must be fully shielded and be directed
downward to prevent illumination out across the river to to the sky.
(C) Fences. Fences between principal structures and the river are
allowed provided that fences are:
i. Not higher than six feet;
ii. Not located within the Bluff Impact Zone and the Shore Impact Zone;
iii. Not located in the regulatory floodplain.
(7) Lighting
(A) Lighting shall be fully shielded and directed away from the
river.
(B) Uplighting is prohibited.
Performance Standards for Public Facilities
(1) Purpose
To establish design standards for public facilities that are consistent with best
management practices and that minimize impacts to primary conservation areas,
public river corridor views and other resources identified in the MRCCA plan.
Public facilities serve the public interest by providing public access to the
Mississippi River corridor or require locations in or adjacent to the river corridor
and therefore require some degree of flexibility.
(2) General Design Standards
All public facilities must be designed and constructed to:
(A) Minimize visibility of the facility from the river to the extent
consistent with the purpose of the facility;
(B) Comply with the structure placement and height standards in
the underlying zoning district, except as provided in Sections
3.2.3(f) and 3.2.3(l).
(C) Be consistent with the vegetation management standards in
Section 3.2.3(i) and the land alteration and storm water
management standards in Section 3.2.3(j), including use of
practices identified in Best Practices for Meeting DNR General
Public Waters Work Permit GP 2004-0001, where applicable;
(D) Avoid primary conservation areas, unless no alternative exists.
If no alternative exists, then disturbance to primary
conservation areas must be avoided to the greatest extent
practicable, and design and construction must minimize
impacts; and
(E) Minimize disturbance of spawning and nesting times by
scheduling construction at times when local fish, birds, and
other wildlife are not spawning, nesting, or breeding.
(3) Right-of-way maintenance standards.
Right-of-way maintenance must comply with the following standards:
(A) Vegetation currently in a natural state must be maintained to
the extent feasible;
(B) Where vegetation in a natural state has been removed, native
plants must be planted and maintained on the right-of-way;
and
(C) Chemical control of vegetation must be avoided when
practicable, but when chemical control is necessary, chemicals
used must be in accordance with the regulations and other
requirements of all state and federal agencies with authority
over the chemical’s use.
(4) Crossings of public water or public land.
Crossings of public waters or land controlled by the commissioner are subject to
approval by the commissioner according to Minnesota Statutes, sections 84.415
and 103G.245.
(5) Public utilities.
Public utilities must comply with the following standards:
(A) High-voltage transmission lines, wind energy conversion
systems greater than five megawatts, and pipelines are
regulated according to Minnesota Statutes, chapter 216E,
216F, and 216G respectively; and
(B) If overhead placement is necessary, utility facility crossings
must be hidden from view minimizing visibility of the facility
from the river and follow other existing right of ways as much
as practicable.
(C) The appearance of structures must be as compatible as
practicable with the surrounding area in a natural state with
regard to height and width, materials used, and color.
(D) Wireless communication facilities, according to Section
3.2.3(e).
(6) Public transportation facilities.
Public transportation facilities shall comply with structure placement and height
standards in Section 3.2.3(f). Where such facilities intersect or about two or more
MRCCA districts, the least restrictive standards apply. Public transportation
facilities must be designed and constructed to give priority to:
(A) Providing scenic overlooks for motorists, bicyclists, and
pedestrians;
(B) Providing safe pedestrian crossings and facilities along the
river corridor;
(C) Providing access to the riverfront in public ownership; and
(D) Allowing for use of the land between the river and the
transportation facility.
(7) Public recreational facilities.
Public recreational facilities must comply with the following standards:
(A) Buildings and parking associated with pubic recreational
facilities must comply with the structure placement and
height standards in Section 2 and Section 4;
(B) Roads and driveways associated with public recreational
facilities must not be placed in the bluff or shore impact zones
unless no other placement alternative exists. If no alternative
exists, then design and construction must minimize impacts to
shoreline vegetation, erodible soils and slopes, and other
sensitive resources.
(C) Trails, access paths, and viewing areas associated with public
recreational facilities and providing access to or views of the
Mississippi River are allowed within the bluff and shore impact
zones if design, construction, and maintenance methods are
consistent with the best management practice guidelines in
Trail Planning, Design, and Development Guidelines.
i. Hard-surface trails are not allowed on the face of bluffs with a slope
exceeding 30 percent. Natural surface trails are allowed, provided
they do not exceed eight feet in width.
ii. Trails, paths, and viewing areas must be designed and constructed to
minimize:
a. Visibility from the river;
b. Visual impacts on public river corridor views; and
c. Disturbance to and fragmentation of primary conservation
areas.
(D) Public water access facilities must comply with the following
requirements:
i. Watercraft access ramps must comply with Minnesota Rules chapters
6115.0210 and 6280.0250; and
ii. Facilities must be designed and constructed consistent with the
standards in Design Handbook for Recreational Boating and Fishing
Facilities.
(E) Public signs and kiosks for interpretive or directional purposes
are allowed in the bluff or shore impact zones, provided they
are placed and constructed to minimize disturbance to these
areas and avoid visual impacts on public river corridor views.
If illuminated, the lighting must be fully shielded and be
directed downward.
(F) Public stairways lifts, and landings must be designed as
provided in Section 3.2.3(g)(4)(C).
Vegetation Management
(1) Purpose
To establish standards that sustain and enhance the biological and ecological
functions of vegetation; preserve the natural character and topography of the
MRCCA; and maintain stability of bluffs and steep slopes and ensure stability of
other erosion-prone areas.
(2) Applicability
This section applies to:
(A) Shore impact zones
(B) Areas within 50 feet of a wetland or natural drainage way;
(C) Bluff impact zones;
(D) Areas of native plant communities; and
(E) Significant existing vegetative stands identified in the MRCCA
plan.
(3) Activities allowed without a vegetation permit.
(A) Maintenance of existing lawns, landscaping and gardens;
(B) Removal of vegetation in emergency situations as determined
by the City of Brooklyn Center;
(C) Right-of-way maintenance for public facilities meeting the
standards Section 3.2.3(h)(3);
(D) Agricultural and forestry activities meeting the standards of
Sections 3.2.3(e)(2)(A) and 3.2.3(e)(2)(C);
(E) Selective vegetation removal, provided that vegetative cover
remains consistent with the management purpose of the
MRCCA District, including:
i. Vegetation that is diseased or hazardous, and/or dead or dying trees
that do not provide bird or wildlife habitat;.
ii. To prevent the spread of diseases or insect pests;
iii. Individual trees less than 4 inches (dbh) in circumference and shrubs;
and
iv. For removal of invasive non-native species.
(4) Activities allowed with a vegetation permit.
(A) Only the following intensive vegetation clearing activities are
allowed with a vegetation permit:
i. Clearing of vegetation that is dead, diseased, dying, or hazardous;
ii. Clearing to prevent the spread of diseases or insect pests;
iii. Clearing to remove invasive non-native species.
iv. Clearing to prepare for restoration and erosion control management
activities consistent with a plan approved by the City.
v. The minimum necessary for development that is allowed with a
building permit or as an exemption under Section 2.
vi. Removal of healthy trees over 4 inches dbh.
(B) General Performance Standards.
The following standards must be met, in addition to a restoration plan under
Section 3.2.3(i) in order to approve a vegetation permit:
i. Development is sited to minimize removal of or disturbance to
natural vegetation;
ii. Soil, slope stability, and hydrologic conditions are suitable for the
proposed work as determined by a professional engineer;
iii. Clearing is the minimum necessary and designed to blend with the
natural terrain and minimize visual impacts to public river corridor
views and does not remove any healthy trees 4 inches or more (dbh)
in circumference;
iv. Vegetation removal activities are conducted so as to expose the
smallest practical area of soil to erosion for the least possible time
and to avoid bird migration and nesting seasons; and
v. Any other condition determined necessary to achieve the purpose of
this section.
(5) Prohibited activities.
All other intensive vegetation clearing is prohibited.
(6) Vegetation restoration plan.
(A) Development of a vegetation restoration plan and
reestablishment of natural vegetation is required:
i. For any vegetation removed with a permit under Section 3.2.3(i)(4);
ii. Upon failure to comply with any provisions in this section; or
iii. As part of the planning process for subdivisions as provided in
Section 3.2.3(k)
(B) Restoration Plan Performance Standards.
i. The vegetation restoration plan must satisfy the application submittal
requirements in this Chapter and:
ii. Vegetation must be restored in one or more of the following
restoration priority areas:
a. Stabilization of erodible soils Areas with soils showing signs of
erosion, especially on or near the top and bottom of steep
slopes and bluffs;
b. Restoration or enhancement of shoreline vegetation
Shoreline areas within 25 feet of the water with no natural
vegetation, degraded vegetation, or planted with turf grass;
c. Revegetation of bluffs or steep slopes visible from the river
Areas on steep slopes and bluffs that are visible from the
river with no natural vegetation, degraded vegetation, or
planted with turf grass; or
d. Other approved priority opportunity area, including priorities
identified in the MRCCA plan, if none of the above exist.
iii. Include vegetation that provides suitable habitat and effective soil
stability, runoff retention, and infiltration capability. Vegetation
species, composition, density, and diversity must be guided by
nearby patches of native plant communities and by Native
Vegetation Establishment and Enhancement Guidelines;
iv. Any highly erodible soils disturbed during removal and/or restoration
must be stabilized with deep-rooted vegetation with a high stem
density;
v. Vegetation removed must be restored with natural native vegetation
to the greatest extent practicable. The area (square feet) of the
restored vegetation should be similar to that removed to the greatest
extent practicable.
vi. For restoration of removed native plant communities, restored
vegetation must also provide biological and ecological function
equivalent to the removed native plant communities. The area
(square feet) of the restored vegetation should be equivalent to that
removed;
vii. Be prepared by a qualified individual; and
viii. Include a maintenance plan that includes management provisions for
controlling invasive species and replacement of plant loss for three
years.
(C) A certificate of compliance will be issued after the vegetation
restoration plan requirements have been satisfied.
Land Alteration Standards and Stormwater Management
(1) Purpose
To establish standards that protect water quality from pollutant loadings of
sediment, nutrients, bacteria, and other contaminants; and maintain stability of
bluffs, shorelines, and other areas prone to erosion.
(2) Land Alteration Permit
(A) Within the bluff impact zone, land alteration is prohibited,
except for the following which are allowed by permit.
i. Erosion control consistent with Section 3.2.3(j)(6);
ii. The minimum necessary for development that is allowed as an
exception under Section 3.2.3(l); and
iii. Repair and maintenance of existing buildings facilities.
(B) Within the water quality impact zone, land alteration that
involves more than five cubic yards of material or affects an
area greater than 500 square feet requires a permit.
(3) Rock riprap, retaining walls, and other erosion control structur es
(A) Construction, repair, or replacement of rock riprap, retaining
walls, and other erosion control structures located at or below
the OHWL must comply with Minnesota Rules, chapters
6115.0215, subpart 4, and 6115.0216, subpart 2. Work must
not proceed until approved by the commissioner. See Figure
8.
Figure 8. Riprap Guidelines
(B) Construction or replacement of rock riprap, retaining walls,
and other erosion control structures within the bluff impact
zone and the water quality impact zone are allowed with a
permit consistent with provisons of Section 3.2.3((j)(6)
provided that:
i. If the project includes work at or below the OHWL, the commissioner
has already approved or permitted the project.
ii. The structures are used only to correct an established erosion
problem as determined by the (insert name of LGU and/or resource
agency).
iii. The size and extent of the structures are the minimum necessary to
correct the erosion problem and are not larger than the following,
unless a professional engineer determines that a larger structure is
needed to correct the erosion problem:
a. Retaining walls must not exceed five feet in height and must
be placed a minimum horizontal distance of ten feet apart;
and
b. Riprap must not exceed the height of the regulatory flood
protection elevation.
(C) Repair of existing rock riprap, retaining walls, and other
erosion control structures above the OHWL does not require a
permit provided it does not involve any land alteration under
Section 3.2.3(j)(2).
(4) Stormwater Management
(A) In the bluff impact zone, storm water management facilities
are prohibited, except by permit if:
i. There are no alternatives for storm water treatment outside the bluff
impact zone on the subject site;
ii. The site generating runoff is designed so that the amount of runoff
reaching the bluff impact zone is reduced to the greatest extent
practicable;
iii. The construction and operation of the facility does not affect slope
stability on the subject property or adjacent properties; and
iv. Mitigation based on the best available engineering and geological
practices is required and applied to eliminate or minimize the risk of
slope failure.
(B) In the water quality impact zone, development that creates
new impervious surface, as allowed by exemption in 3.2.3(l),
or fully reconstructs existing impervious surface of more than
10,000 square feet requires a storm water permit or approved
storm water plan. Multipurpose trails and sidewalks are
exempt if there is down gradient vegetation or a filter strip
that is at least five feet wide.
(C) In all other areas, storm water runoff must be directed away
from the bluff impact zones or unstable areas
(5) Development on steep slopes.
Construction of structures, impervious surfaces, land alteration, vegetation
removal, or other construction activities are allowed on steep slopes if:
(A) The development can be accomplished without increasing
erosion or storm water runoff;
(B) The soil types and geology are suitable for the proposed
development; and
(C) Vegetation is managed according to the requirements of
Section 3.2.3(i).
(6) Conditions of land alteration permit approval.
(A) Temporary and permanent erosion and sediment control
measures retain sediment onsite consistent with best
management practices in the Minnesota Stormwater Manual. ;
(B) Natural site topography, soil, and vegetation conditions are
used to control runoff and reduce erosion and sedimentation;
(C) Construction activity is phased when possible;
(D) All erosion and sediment controls are installed before starting
any land disturbance activity;
(E) Erosion and sediment controls are maintained to ensure
effective operation;
(F) The proposed work is consistent with the vegetation
standards in Section 3.2.3(i); and
(G) Best management practices for protecting and enhancing
ecological and water resources identified in Best Practices for
Meeting DNR General Public Waters Work Permit GP 2004-
0001..
(7) Compliance with other plans and programs. All development must:
(A) Be consistent with Minnesota Statues, chapter 103B, and local
water management plans completed under chapter 8410;
(B) Meet or exceed the wetland protection standards under
Minnesota Rules, chapter 8420; and
(C) Meet or exceed the floodplain management standards under
Minnesota Rules, chapter 6120. 5000 – 6120.6200
Subdivision and Land Development Standards
(1) Purpose
(A) To protect and enhance the natural and scenic values of the
MRCCA during development or redevelopment of the
remaining large sites
(B) To establish standards for protecting and restoring biological
and ecological functions of primary conservation areas on
large sites; and
(C) To encourage restoration of natural vegetation during
development or redevelopment of large sites where
restoration opportunities have been identified in MRCCA
Plans.
(2) Applicability.
(A) The design standards in this section apply to subdivisions,
planned unit developments and master- planned
development and redevelopment of land involving five or
more acres for contiguous parcels that abut the Mississippi
River and ten or more acres for all other parcels, including
smaller individual sites within the following developments
that are part of a common plan of development that may be
constructed at different times:
i. Subdivisions;
ii. Planned unit developments; and
iii. Master-planned development and redevelopment of land.
(B) The following activities are exempt from the requirements of
this section:
i. Minor subdivisions consisting of three or fewer lots;
ii. Minor boundary line corrections;
iii. Resolutions of encroachments;
iv. Additions to existing lots of record;
v. Placement of essential services; and
(3) Application materials.
Project information listed in Section 3.2.3(c)(6)(E) must be submitted for all
proposed developments.
(4) Design standards.
(A) Primary conservation areas, where they exist, must be set
aside and designated as protected open space in quantities
meeting the following as a percentage of total parcel area:
i. CA-RN District: 20%;
ii. CA-SR District: 10% if the parcel includes native plant communities or
provides feasible connections to a regional park or trail system, otherwise
no requirement.
(B) If the primary conservation areas exceed the amounts
specified in Section 3.2.3(k)(4), then protection of native plant
communities and natural vegetation in riparian areas shall be
prioritized.
(C) If primary conservation areas exist but do not have natural
vegetation (identified as restoration priorities in the MRCCA
Plan), then a vegetation assessment must be completed to
evaluate the unvegetated primary conservation areas and
determine whether vegetation restoration is needed. If
restoration is needed, vegetation must be restored according
to Section 3.2.3(i)(6)(B).
(D) If primary conservation areas do not exist on the parcel and
portions of the parcel have been identified in the MRCCA plan
as a restoration area, vegetation must be restored in the
identified areas according to Section 3.2.3(i)(6)(B) and the area
must be set aside and designated as protected open space.
(E) Storm water treatment areas or other green infrastructure
may be used to meet the protected open space requirements
if the vegetation provides biological and ecological functions.
(F) Land dedicated for public river access, parks, or other open
space or public facilities may be counted toward the
protected open space requirement.
(G) Protected open space areas must connect open space, natural
areas, and recreational areas, where present on adjacent
parcels, as much as possible to form an interconnected
network.
(5) Permanent protection of designated open space.
(A) Designated open space areas must be protected through one
or more of the following methods:
i. Public acquisition by a government entity for conservation purposes;
ii. A permanent conservation easement, as provided in Minnesota
Statutes, chapter 84C;
iii. A deed restriction; and
iv. Other arrangements that achieve an equivalent degree of protection.
(B) Permanent protection methods must ensure the long-term
management of vegetation to meet its biological and
ecological functions, prohibit structures, and prohibit land
alteration, except as needed to provide public recreational
facilities and access to the river.
Exemptions
(1) Purpose
To provide exemptions to structure placement, height and other standards for
specific river or water access dependent facilities as provided in Minnesota
Statutes 116G.15.
(2) Applicability
(A) Uses and activities not specifically exempted must comply
with this Section . Uses and activities exempted under shore
impact zone and bluff impact zone must comply with the
vegetation management and land alteration standards in
Sections 3.2.3(i) and 3.2.3(j).
(B) Uses and activities in Section 3.2.3(l)(3) are categorized as:
i. Exempt – E. This means that the use or activity is allowed;
ii. Exempt if no alternative - (E). This means that the use or activity is
allowed only if no alternatives exist; and
iii. Not Exempt - NE. This means that a use or activity is not exempt and
must meet the standards of this Unified Development Ordinance.
(3) Use and activity exemption classification
A. General Uses and Activities
Use or Activity Setbacks
Height
Limits SIZ BIZ
Applicable Standards with
which the use or activity must
comply
Industrial and utility structures
requiring greater height for
operational reasons (such as
elevators, refineries and railroad
signaling towers)
N E N N
Structure design and
placement must minimize
interference with public
river corridor views.
Barns, silos, and farm structures N E N N
Bridges and bridge approach
roadways E E E (E) Section 3.2.3(h)
Wireless communication towers E EN N Section 3.2.3(e)(2)(F)
Chimneys, church spires, flag
poles, public monuments, and
mechanical stacks and similar
mechanical equipment
N E N N
Historic properties and
contributing properties in historic
districts
E E E E
Exemptions do not apply to
additions or site alterations
to historic buildings or
structures
1 River-dependent commercial, industrial and utility structures are exempt from height limits only if greater height is
required for operational reasons.
E. Private Residential and Commercial Water Access and Use Facilities
B. Public Recreational Facilities
Use or Activity Setbacks
Height
Limits SIZ BIZ
Applicable Standards with
which the use or activity must
comply
Accessory structures, such as
monuments, flagpoles, light
standards, and similar park
features
E E (E) (E)
Section 3.2.3(h); within BIZ,
only on slopes averaging
less than 30%. Exemptions
do not apply to principal
structures.
Picnic shelters and other open-
sided structures E N (E) N Section 3.2.3(h)
Parking lots (E) N (E) (E)
Section 3.2.3(h); within BIZ,
only within 20 feet of toe of
bluff; not on face of bluff;
and must not affect stability
of bluff
Roads and driveways (E) N Setion 3.2.3(h)
Natural-surfaced trails, access
paths, and viewing areas E N E E Section 3.2.3(h)
Hard-surfaced trails and viewing
platforms E N E (E)
Section 3.2.3(h); within BIZ,
only on slopes averaging
less than 30%
Water access ramps E N E (E) Section 3.2.3(h)
Public signs and kiosks for
interpretive or directional
purposes
E N E (E) Section 3.2.3(h)
C. Public Utilities
Use or Activity Setbacks
Height
Limits SIZ BIZ
Applicable Standards with
which the use or activity must
comply
Electrical power facilities E E E (E) Section 3.2.3(h)
Essential services (other than
storm water facilities)
E E E (E) Section 3.2.3(h)
Storm water facilities E N (E) Section 3.2.3(j)
Wastewater treatment E N E (E) Section 3.2.3(h)
Public transportation facilities E N (E) (E) Section 3.2.3(h)
D. River Dependent Uses
Use or Activity Setbacks
Height
Limits SIZ BIZ
Applicable Standards with
which the use or activity must
comply
Shoreline facilities E N1 E (E)
Section 3.2.3(e)(2)(E).
Exemptions do not apply to
buildings, structures, and
parking areas that are not
part of a shoreline facility
Private roads and conveyance
structures serving river-
dependent uses
E N1 E (E) Section 3.2.3(e)(2)(E)
Commented [MT19]: Something bizarre happening w/ table
formatting. Will clean up before final submission
Use or Activity Setbacks
Height
Limits SIZ BIZ
Applicable Standards with
which the use or activity must
comply
Private roads serving 3 or more
lots (E) N N (E)
Section 3.2.3(f); in BIZ, only
on slopes averaging less
than 30%. Exemption does
not apply to private roads
serving fewer 3 lots or to
private driveways and
parking areas
Access paths E N E N Section 3.2.3(f)
Water access ramps E N E E Section 3.2.3(f)
Stairways, lifts, and landings E N E N Section 3.2.3(f)
Water-oriented accessory
structures E N E N Section 3.2.3(f)
Patios and decks E N N N Section 3.2.3(f)(5)
Directional signs for watercraft
(private) E N E N
Section 3.2.3(f); exemption
does not apply to off-
premise advertising signs
Temporary storage of docks,
boats, and other equipment
during the winter months
E N E N
Erosion control structures, such
as rock riprap and retaining walls E N E (E) Sections 3.2.3(j)(2)(E) and
3.2.3(j)(2)(F)
Flood control structures E N E (E) Section 3.2.3(j)
Definitions and Rules of Construction Special Purpose
Districts
9.1 Rules of Construction
Sec. 2.01. - Construction generally. All words and phrases used in this Legislative Code
are used in their plain and ordinary sense unless otherwise clearly indicated, and it is
the intent of the council of the City of Brooklyn Center that in interpreting and
construing the various provisions of this Code, an attempt be made to fairly construe
those provisions so as to achieve the beneficial ends for which the provisions and the
Code itself were adopted. In so doing, the following rules of construction are
established.
Sec. 2.02. - General rule. Words and phrases shall be construed so far as possible in
their plain, ordinary and usual sense except that technical words and phrases having a
peculiar and recognized meaning in law shall be understood according to their
technical import.
Masculine, feminine or neutral. Unless clearly against the sense of the context, the
use of masculine, feminine or neutral gender shall include all the other genders.
Singular or plural. Unless clearly against the sense of the context, the use of either
singular or plural number shall include the other number.
Past, present or future. Unless clearly against the sense of the context, the use of
either past, present or future tense shall include the other tenses.
Joint authority. Words or phrases importing joint authority or joint action to three (3)
or more persons shall be construed as authority or action to or by a majority of such
persons.
Computation of time. The time within which an act shall be done shall be computed by
excluding the first and including the last day; provided only, that if the last day is a
Sunday or legal holiday, the following day not a Sunday or legal holiday shall be taken
as the last day.
Sec. 2.10. - Conjunctions. The words "or" and "and" may be read interchangeably in
such places as demanded by the context.
Sec. 2.17. - Other definitions. Certain chapters of this Code contain definitions of words
used in said chapters having particular applicability to such chapters. In case of any
conflict between the definitions contained in Section 8.2 and such other definitions as
may be found from time to time in this Code, the other definitions shall prevail in the
chapters where such definitions are made applicable.
9.2 Definitions and Terms of Measurement
Abrogation and Greater Restrictions
It is not intended by this (section, chapter or article) to repeal, abrogate, or impair any existing
easements, covenants, or deed restrictions. However, where this (section, chapter or article) imposes
greater restrictions, the provisions of this (section, chapter or article) shall prevail. All other (sections,
chapters or articles) inconsistent with this (section, chapter or article) are hereby repealed to the extent
of the inconsistency only.
Abutting lots or parcels
Any lots or parcels which have a common boundary line.
Access Path
An area designated to provide ingress and egress to public waters.
Accessory Building
A building which is used in relation to an accessory use.
Accessory Dwelling Unit (ADU)
A smaller, independent residential dwelling unit located on the same lot as a stand -alone (i.e.,
detached) single-family home. ADUs can be converted portions of existing homes (i.e., internal ADUs),
additions to new or existing homes (i.e., attached ADUs), or new stand-along accessory structures or
converted portions of existing stand-alone accessory structures (i.e., detached ADUs).
Accessory Eating Establishment
An establishment within a multistory office building or apartment building where food is prepared,
sold, and consumed by clients who work or live within the same building or within a complex of which
the building is a part. Such establishments do not appeal through signage or other advertising to the
general public.
Accessory Use or Structure
A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the
principal use or structure.
Adjacent
Having a boundary that physically touches or adjoins.
Agricultural Use
A use having the meaning given under Minnesota Statutes, section 40A.02.
“[The use of land for] the production of livestock, dairy animals, dairy products, poultry or poultry
products, fur-bearing animals, horticultural or nursery stock, fruit, vegetables, forage, grains, timber,
trees, or bees and apiary products. "Agricultural use" also includes wetlands, pasture, forest land,
wildlife land, and other uses that depend on the inherent productivity of the land.”
Alley
A minor way which is used primarily for vehicular service access to the back or the side of properties
abutting on a street.
Alternative Design
Subdivision design methods such as conservation design, transfer of development density, or similar
zoning and site design techniques that protect open space and natural areas.
Amusement Center (indoor)
The provision of indoor entertainment or games to the general public, for a fee, including but not
limited to movie theaters, bowling alleys, skating rinks, pool halls, arcades, and related uses.
Amusement Center (outdoor)
The provision of entertainment or games to the general public, for a fee, that is at least partially
outdoors. Such uses include but are not limited to miniature golf courses, merry -go-rounds, care race
tracks, carnival games, and related uses.
Animal Feedlot
A facility as defined by Minnesota Rules, part 7020.0300.
“A lot or building or combination of lots and buildings intended for the confined feeding, breeding,
raising, or holding of animals and specifically designed as a confinement area in which manure may
accumulate, or where the concentration of animals is such that a vegetative cover cannot be
maintained within the enclosure. For purposes of these parts, open lots used for the feeding and
rearing of poultry (poultry ranges) shall be considered to be animal feedlots. Pastures shall not be
considered animal feedlots under these parts.”
Antenna Support Structure
Any building or other structure 75 ft. in height or taller other than a telecommunications tower which
can be used for location of telecommunications facilities.
Apartment Building
A building with three or more dwelling units attached both horizontally and/or vertically.
Apartment Building, High Rise
A multiple family dwelling six or more stories in height, whose upper floors are accessible by
elevators.
Apartment, Walk-up
A multiple family dwelling whose upper floors are accessible only stairs.
Area Learning Center (ALC)
Anon-traditional State approved alternative learning facility for students between the ages of 15 and
21 years that meet the criteria established in Minnesota Statutes, section 124D.68.
Artisan Production and Sales
Application, teaching, making, or fabrication of crafts or products by an artist, artisan, or craftsperson
either by hand or with minimal automation and may include direct sales to consumers. This definition
includes uses such as small-scale fabrication, manufacturing, and other industrial uses and processes
typically not permitted in non-industrial zoning districts such as welding and sculpting.
Assisted Living Facility
A combination of housing and supportive services including personalized assistance and health care,
operated by a legal licensed entity, and designed to respond to the individual needs of those living
within the facility. The emphasis of an assisted living home remains residential even with these
support services.
Automobile & truck repair and service station
A facility for the general repair, rebuilding, or reconditioning of automobiles, noncommercial trucks,
and motorcycles, including the sale, installation, and servicing of related equipment and parts. Such
facilities my also include as an accessory use the sale of gasoline.
Barge Fleeting
Temporarily parking and securing barges on the river, on or off channel, while tows are assembled or
broken up.
Base Flood Elevation
The elevation of the “regional flood.” The term “base flood elevation” is used in the flood insurance
survey.
Basement
Means any area of a structure, including crawl spaces, having its floor or base City of Brooklyn Center
35-87 City Ordinance subgrade (below ground level) on all four sides, regardless of the depth of
excavation below ground level.
Bicycle Sharing
Service in which bicycles are made available for shared use to individuals on a very short term basis.
Biological and Ecological Functions
The functions of native flora and fauna in stabilizing soils and slopes, retaining and filtering runoff,
ensuring pollination, providing species-diverse habitat, and recharging groundwater.
Bluff
A topographic feature such as a hill, cliff, or embankment having the following characteristics:
1) Part or all of the feature is located in a shoreland area;
2) The slope rises at least 25 feet above the toe of bluff;
3) The grade of the slope from the toe of the bluff to a point 25 feet or more above the toe of
the bluff averages 30 percent or greater, except that an area with an average slope of less
than 18 percent over a distance of at least 50 feet shall not be considered part of the bluff;
and
4) The slope must drain toward the waterbody.
Bluff Impact Zone
A bluff and land located within 20 feet of the top of a bluff.
Bluff, Toe of.
The lower point of a 50-foot segment with an average slope exceeding 18 percent or the ordinary
high water level, whichever is higher, and which is measured over a horizontal distance of 25 feet.
Bluff, Top of.
For the purposes of measuring setbacks, the higher point of a 50-foot segment with an average slope
exceeding 18 percent measured over a horizontal distance of 25 feet.
Boarding House
A building within which rooms are rented and meals are provided to two or more persons not
members of the owner's or lessee's family.
Boulevard
The portion of the street right of way between the curb line and the property line.
Brewpub, Micro-winery, and Micro-distillery
A brewpub that manufactures less than 3,500 barrels of malt liquor each calendar year; or a micro-
winery that is operated by the owner of a Minnesota farm and produces table, sparkling, or fortified
wines from grapes, grape juice, other fruit bases, or honey with a majority of the ingredients grown or
produced in Minnesota; or a micro-distillery that manufactures less than 40,000 proof gallons in a
calendar year. Off-site sales are allowed as an accessory use.
Buffer
A vegetative feature as defined by Minnesota Statutes, section 103F.48.
“An area consisting of perennial vegetation, excluding invasive plants and noxious weeds, adjacent to
all bodies of water within the state and that protects the water resources of the state from runoff
pollution; stabilizes soils, shores, and banks; and protects or provides riparian corridors.”
Buildable Area
The area upon which structures may be placed on a lot or parcel of land and excludes areas needed
to meet requirements for setback, rights-of-way, bluff impact zones, historic properties, wetlands,
designated floodways, land below the ordinary high water level of public waters, and other
unbuildable areas.
Building
Any structure with two or more rigid walls and a fully secured roof and affixed to a permanent site
erected for the support, shelter, or enclosure of persons, animals, chattels, or movable property of any
kind.
Building Height
The vertical distance measured from the highest adjoining ground level or 10 feet above the lowest
adjoining ground level, whichever is lower, to the highest point of the roof surface of flat roofs, the
deck line of mansard roofs, the uppermost point on a round or arched roof; or the average height
between the eaves and the highest ridge of gable, hip, or gambrel roofs. The height of a stepped or
terraced building shall be the height of the tallest segment of the building.
Business:
Any establishment, occupation, employment, or enterprise where merchandise is manufactured,
exhibited or sold, or where services are offered for compensation.
Business Service
Retail or service establishments whose customers are primarily other businesses, including but not
limited to duplicating services, electronic data processing, and employment service; mailing,
addressing, stenographic services; and specialty business service such as travel bureau, news service,
exporter, importer, interpreter, appraiser, film library.
Butt Lot
A lot at the end of a block and located between two corner lots.
Canopy
An accessory roof-like structure, either attached to or detached from a permitted building, open on all
sides, other than where attached; which is located over and designed to provide temporary cover for
entrances, exits, walkways, and approved off-street vehicle service areas (such as gasoline stations,
drive-in establishments, and loading berths).
Car Wash
A facility for the washing and cleaning of automobiles and noncommercial trucks through the use of
primarily mechanical, automated equipment.
Carport
An accessory roof-like structure, either attached to or detached from a permitted building, enclosed
on not more than two sides, which is designed to provide cover for approved off-street vehicle
parking or vehicle storage space.
Certificate of Compliance
A document written after a compliance inspection, certifying that the development is in compliance
with applicable requirements at the time of the inspection.
City
The City of Brooklyn Center.
Clear View Triangle:
On any property which is located at a street intersection, the Clear View Triangle is defined as that
triangular area formed by connecting the following three points: the point of intersection of the
adjacent curb lines extended, and a point on each adjacent curb line 55 feet from such point of
intersection. If there are no curbs, the edge of the traveled portion of the street or road shall be used
instead of the curb line. On any property which is located at an intersection of an alley with a street,
the triangular area is formed by connecting points 20 feet from Nothing may be allowed within the
Clear View Triangle to materially impede vision between a height of two and one-half feet and 10feet
above the centerline grades of the intersecting streets. Howev er, certain objects may remain in the
Clear View Triangle if, based on engineering judgment and discretion, there are other circumstances
that limit or minimize risk at the intersection.
Cold Frames
A device constructed partly or entirely of glass, or other transparent or translucent material, which is
used to shield plants from cold weather, including ice, snow, and/or cold winds.
Co-Location
the location of wireless telecommunications equipment from more than one provider on one
common tower, building or structure.
Comprehensive Plan
The comprehensive plan adopted by the city council indicating the general locations recommended
for the various functional classes of public works, places and structures, and for the general physical
development of the City of Brooklyn Center, and includes any unit or part of such plan separately
adopted and any amendments to such plan or parts thereof.
Clubrooms and Lodges
A nonprofit membership organization that holds regular meetings, whose members pay annual dues,
that is organized for a common interest, usually cultural, civic, religious, or social, and that has formal
written membership requirements. A "club or lodge" may, subject to other regulations controlling
such uses, maintain dining facilities, serve alcohol, or engage in professional entertainment for the
enjoyment of members and their guests. There are no sleeping facilities.
Co-Location
the location of wireless telecommunications equipment from more than one provider on one
common tower, building or structure.
Commercial Animal Establishment (formerly kennels)
Any business that raises, breeds, sells, boards, distributes, or exhibits animals for either entertainment
or education purposes, including but not limited to: kennels, aquariums, pet shops, petting zoos ,
riding schools or stables, zoological parks, or performing animal exhibition.
Commissioner
(As used in the shoreline section) The commissioner of the Department of Natural Resources.
Community Center
A facility used for recreational, social, educational, and cultural activities including private nonprofit
recreational and social facilities, recreational buildings and facilities, and community centers operated
by public agencies.
Conditional Use
A use having meaning under Minnesota Statutes, section 394.22 and section 463.3595.
“A specific type of structure or land use listed in the official control that may be allowed, subject to
the procedures and standards contained in Section 6.3.2 of this Unified Development Ordinance, but
only after an in depth review procedure and with appropriate conditions or restrictions as provided in
the official zoning controls or building codes and upon a finding that: (a) Certain conditions as
detailed in the Unified Development Ordinance exist; and (b) The structure and/or land use conform
to the comprehensive land use plan if one exists and are compatible with the existing neighborhood.”
Condominium Single Family Attached Dwelling Units
Two or more dwelling units horizontally attached in a linear or cluster arrangement, with the
individual dwelling units separated from each other by a wall or walls extending from foundation to
roof, and with each dwelling unit located upon a separate platted lot. Characteristic features of such a
development include individual ownership of dwelling units, and common (nonpublic) ownership of
open areas, site amenities, and recreation facilities. A condominium single family attached dwelling
unit development includes at least one large common area of open space for aesthetic or recreational
purposes.
Conservation Design
A pattern of subdivision that is characterized by grouping lots within a portion of a parcel, where the
remaining portion of the parcel is permanently protected as open space.
Controlled Access Lot
A lot used to access public waters or as a recreation area for owners of nonriparian lots within the
same subdivision containing the controlled access lot.
Convenience Food Restaurant
An establishment with over 40 dining seats or in a separate building, whose principal business is the
sale of foods, frozen desserts, or beverages to the customer in a ready-to-eat state for consumption
either within the premises or for carry-out with consumption either on or off the premises, and whose
design or principal method of operation includes both of the following characteristics:
1) Foods, frozen desserts, or beverages are usually served in edible containers or in paper,
plastic, or other disposable containers.
2) The customer is not served food at his/her table by an employee but receives it at a counter,
window, or similar facility for carrying to another location on or off the premises for
consumption.
3) Corner Lot
4) A lot situated at the intersection of two or more streets, which has a boundary line bordering
on two of the streets and having an interior angle of less than 135 degrees.
Critical Facilities
Facilities necessary to a community’ s public health and safety, those that store or produce highly
volatile, toxic or water- reactive materials, and those that house occupants that may be insufficiently
mobile to avoid loss of life or injury. Examples of critical facilities include hospitals, correctional
facilities, schools, daycare facilities, nursing homes, fire and police stations, wastewater treatment
facilities, public electric utilities, water plants, fuel storage facilities, and waste handling and storage
facilities.
Cul-de-sac
A minor street with only one outlet.
Deck
A horizontal, unenclosed, above-ground, level platform without a roof, which may be attached or
unattached to a principal dwelling, including any attached railings, seats, trellises, or other features
not more than 36 inches above the platform, and which platform is functionally related to a principal
use. An unattached deck is considered an accessory structure in any yard, wetland, floodplain, or river
corridor critical area.
Development
Any manmade change to improved or unimproved real estate, including buildings or other structures,
mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment
or materials.
Development Complex
A multiple building development, such as a shopping center, a planned industrial park or office
development that is controlled by a single owner or landlord.
Dock
Having the meaning given under Minnesota Rules, part 6115.0170
“A narrow platform or structure extending waterward from the shoreline intended for ingress and
egress for moored watercraft or seaplanes or to provide access to deeper water for swimming, fishing,
or other water-oriented recreational activities.”
Drive-in Establishment
A commercial enterprise that customarily offers goods, services or entertainment to clientele within
automobiles (example: automobile service stations, drive-in restaurants, outdoor theaters, and car
washes, but not "drive-in" cleaners where the customer must leave his automobile to pick up or
deliver goods).
Drop-in Child Care Center
A facility licensed by the Minnesota Department of Public Welfare to provide child care on an irregular
basis for periods not to exceed five (5) consecutive hours in a given 24 hour period. Such centers are
intended to provide babysitting service for parents who wish to shop and/or pursue leisure activities
and do not provide regular care of children while parents travel to a place of work.
Dwelling
A building, or portion thereof, designed or used predominantly for residential occupancy of a
continued nature, including one-family dwellings, two-family dwellings, and multiple family dwellings,
including earth-sheltered homes and manufactured homes; but not including hotels, motels,
commercial boarding or rooming houses, tourist homes, and recreational vehicles, such as travel
trailers, camping trailers, pick-up campers, motor coaches, motor homes, and buses.
Dwelling, Attached (apartment, condominium, cooperative, tow nhouse, or duplex)
A dwelling joined to one or more other dwellings by party wall or walls.
Dwelling, Detached
A dwelling entirely surrounded by open space.
Dwelling, Live/Work
An integrated housing unit and working space, occupied and used by a single household in either a
single-family attached dwelling or multiple family dwelling, that has been designed or structurally
modified to accommodate joint residential occupancy and work activity, and includes:
5) Complete kitchen space and sanitary facilities; and
6) Working space reserved for and regularly used by one or more occupant of the unit.
Dwelling, Multiple Family (Apartment or Flat)
A residential building or portion thereof containing three or more dwelling units.
Dwelling, One-Family
A residential building containing one dwelling unit.
Dwelling, Townhouse or Garden Apartment
Three or more dwelling units horizontally attached in a linear or cluster arrangements, with the
separate dwelling units within the building separated from each other by a wall or walls extending
from foundation to roof. Characteristic features of townhouses or garden apartments are their private
entrances and small private yards for outdoor living. A townhouse or garden apartment development
includes at least one large common area of open space for aesthetic or recreational purposes.
Dwelling, Two-Family (duplex)
A residential building containing two dwelling units.
Dwelling Unit
A single residential accommodation which is arranged, designed, used or intended for use exclusively
as living quarters for one family; must include complete permanently installed kitchen facilities. Where
a private garage is structurally attached, it shall be considered as part of the building in which the
dwelling unit is located.
Easement
A grant by an owner of land for the specific use of said land by the public generally, or to a person or
persons.
Efficiency Units
A dwelling unit with one primary room which doubles as a living room (in its ordinary sense) and a
bedroom and may, in addition, serve for other residential uses.
Electric Power Facilities
Equipment and associated facilities for generating electric power or devices for converting wind
energy to electrical energy as identified and defined under Minnesota Statutes, Chapter 216E.
Enforcement
The (insert name of local government or designated official) is responsible for the administration and
enforcement of this (section, chapter or article). Any violation of its provisions or failure to comply with
any of its requirements including violations of conditions and safeguards established in connection
with grants of variances or conditional uses constitutes a misdemeanor and is punishable as defined
by law. Violations of this (section, chapter or article) can occur regardless of whether or not a permit is
required for a regulated activity listed in Section 4.2.
Equal Degree of Encroachment
A method of determining the location of floodway boundaries so that floodplain lands on both sides
of a stream are capable of conveying a proportionate share of flood flows
Essential Services
Underground or overhead gas, electrical, communications, steam, or water distribution, collection,
supply, or disposal systems, including storm water. Essential services include poles, wires, mains,
drains, pipes, conduits, cables, fire alarm boxes, traffic signals, h ydrants, navigational structures,
aviation safety facilities or other similar equipment and accessories in conjunction with the systems.
Essential services does not include buildings, treatment works as defined in Minnesota Statutes,
section 115.01, electric power facilities or transmission services.
Establishment
Any of the following definitions shall apply:
1) A distinct business entity situated in a single building.
2) A distinct business entity located in a structure attached to other similar structures by
common walls and ceilings or floors, or attached by means of an enclosed arcade.
3) A distinct business entity contained within a single structure and not separated by walls or
other physical barriers, but made distinct due to its existence as a single lease space and
operation by separate entrepreneurs, or by its singularity of purpose (such as clothing sales,
furniture sales, and so on) carried on by a single or separate proprietors.
Family
Any of the following definitions shall apply:
1) A person or persons related by blood, marriage or adoption, together with his or their
domestic servants or gratuitous guests, maintaining a common household in a dwelling unit.
2) Group or foster care of not more than six wards or clients by an authorized person or persons,
related by blood, marriage, or adoption, together with his or their domestic servants or
gratuitous guests, all maintaining a common household in a dwelling unit approved and
certified by the appropriate public agency.
3) A group of persons not related by blood, marriage, or adoption maintaining a common
household in a dwelling unit.
Farm Fence
Any of the legal and sufficient fences defined by Minnesota Statutes, section 344.02, Subd. 1 (a)–(d)
with all requisite measures and components prescribed, therein.
An open type fence of posts and wire is not considered to be a structure under this Unified
Development Ordinance. Fences that have the potential to obstruct flood flows, such as chain link
fences and rigid walls, are regulated as structures under this Unified Development Ordinance.
Final Plat
The final map, drawing or chart on which the subdivider's plan of subdivision is presented to the city
council for approval and which, if approved, will be submitted to the County Register of Deeds or
Registrar of Titles.
Fitness Centers (Large & small)
A building, or portion of a building, designed and equipped for the purpose of exercise, physical
fitness, or related activities, and open to either members, or the public for a fee. May also include a
place that offers licensed massage, facial, or body treatments provided as an accessory use that
directly relates to an on-site primary use. Fitness Centers are not permissive of uses such as gun
ranges or the firing of projectiles.
Flood
A temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that results
in the inundation of normally dry areas.
Flood Frequency
The frequency for which it is expected that a specific flood stage or discharge may be equaled or
exceeded.
Flood Fringe
The portion of the Special Flood Hazard Area (one percent annual chance flood) located outside of
the floodway. Flood fringe is synonymous with the term “floodway fringe” used in the Flood Insurance
Study for Hennepin County, Minnesota.
Flood Insurance Rate Map
An official map on which the Federal Insurance Administrator has delineated both the special hazard
areas and the risk premium zones applicable to the community. A FIRM that has been made available
digitally is called a Digital Flood Insurance Rate Map (DFIRM).
Flood Prone Area
Any land susceptible to being inundated by water from any source (see “Flood”).
Floodplain
The beds proper and the areas adjoining a wetland, lake or watercourse which have been or hereafter
may be covered by the regional flood.
Floodproofing
A combination of structural provisions, changes, or adjustments to properties and structures subject
to flooding, primarily for the reduction of elimination of flood damages.
Floodway
The best of a wetland or lake and the channel of a watercourse and those portions of the adjoining
floodplain which are reasonably required to carry or store the regional flood discharge.
Floor Area, Gross
The sum of the horizontal areas of the several floors of a building o r buildings, measured from the
exterior faces of the exterior walls or from the center line of party walls separating two buildings. In
particular, "gross floor areas" shall include:
1) Basement space, if at least fifty percent of its story height is above the average level of the
finished grade.
2) Elevator shafts and stairwells at each floor.
3) Floor space used for mechanical equipment where the structural headroom exceeds 7-1/2
feet, except equipment, open or enclosed, located on the roof, i.e., bulk needs, water tanks,
and cooling towers
4) Attic floor space where the structural headroom exceeds 7-1/2 feet.
5) Interior balconies and mezzanines, where the structural headroom exceeds 7-1/2 feet.
6) Enclosed porches, but not terraces and breezeways.
7) Accessory uses other than floor space devoted exclusively to accessory off-street parking or
loading, but shall not include garages, open porches, and open patios.
Floor/Area Ratio
The numerical value obtained through dividing the gross floor area of a building or buildings by the
total area of the lot or parcel of land on which such building is located.
Forest Land Conversion
The clear cutting of forested lands to prepare for a new land use other than reestablishment of a
subsequent forest stand.
Garage, Private
An accessory building or an accessory portion of the dwelling building intended for or used to store
private passenger vehicles of the families resident upon the premises and in which no business,
service or industry connected directly or indirectly with automotive vehicles may be carried on.
Garage – School Bus
A building, or portion of a building, used for the storage of school buses (defined in M.S.A. section
169.01, Subd. 6), or where any such vehicles are kept for remuneration or hire, excluding major repair
of such vehicles.
Gas Station
The portion of a property used for the retail sale of automobile fuels, oils, and accessories. Such an
establishment may offer the retail sale of other convenience items, automobile car wash, or auto
repair and services as a secondary use.
General Indoor Retail Sales, Large
An establishment selling general retail goods that has a gross floor area greater than 10,000 sq. ft. for
all uses. This use does not include the sales of light or heavy motor vehicles or any other goods listed
as a separate use in the Allowed Use Table.
General Indoor Retail Sales, Small
An establishment selling general retail goods that has a gross floor area of 10,000 sq. ft. or less for all
uses. This use does not include the sales of light or heavy motor vehicles or any other goods listed as
a separate use in the Allowed Use Table.
Green Strip
An area containing only vegetation such as grass, trees, flowers, hedges, and other related
landscaping materials, and maintained expressly for such purpose.
Group Day Care Center (Drop In Child Care + Group Daycare)
A facility operated by a legal licensed entity for the purpose of providing care, protection, and
guidance to ## or more individuals during a portion of 24-hour day. Day care centers may include
child or adult care, but are not public or private educational facilities nor offer care for a full 24 -hour
period. Such facilities may be an accessory use in places of religious assembly.
Hard Surface
Ground covered with brick, concrete, asphalt, iron ore, cobble-stones, blacktop, or other asphaltic or
rubber mixture which creates a firm, smooth, and level surface.
Hard-Surface Trail
A trail surfaced in asphalt, crushed aggregate, or other hard surface, for multi-purpose use, as
determined by local, regional, or state agency plans.
Historic Property
An archaeological site, standing structure, site, district, or other property that is:
1) Listed in the National Register of Historic Places or the State Register of Historic Places or
locally designated as a historic site under Minnesota Statutes, Chapter 471;
2) Determined to meet the criteria for eligibility to the National Register of Historic Places or the
State Register of Historic Places as determined by the Director of the Minnesota Historical
Society; or
Commented [MT20]: Highlighted sections to review with
City
Commented [CF21]: Double check
3) An unplatted cemetery that falls under the provisions of Minnesota Statutes, Chapter 307, in
consultation with the Office of the State Archaeologist.
Home Occupation
Subject to the further limitations of Section 4.3.1(c) of the UDO, a home occupation is any gainful
occupation or profession, carried on within a dwelling unit, by a family member residing within a
dwelling unit, which is clearly incidental and secondary to the residential use of the dwelling unit and
the lot upon which it is constructed, including, without limitation, dressmaking, secretarial services,
professional offices, answering services, individual music or art instruction, individual hobby crafts,
and day care and similar activities.
Home Occupation, Special
Subject to the further limitations of Section 4.3.1(d) hereof, and subject to approval by the City
Council, a special home occupation is any gainful occupation or profession carried on within a
dwelling unit or any permitted accessory buildings or installations on a lot, by a family member
residing within the dwelling unit, which is clearly incidental and secondary to the residential use of the
dwelling unit, the accessory structures, and the lot upon which it is constructed, including, without
limitation, barber and beauty services, shoe repair, photography studios, group lessons, saw
sharpening, motor driven appliances and small engine repair, and similar activities.
Hospital
An institution licensed by the state Department of Health primarily engaged in providing, by or under
the supervision of physicians, to inpatients (A) diagnostic services and therapeutic services for medical
diagnosis, treatment, and care of injured, disabled or sick persons, or B) rehabilitation services for the
rehabilitation of injured, disabled, or sick persons.
Hotel
A building which provides a common entrance, lobby, and stairways, and in which lodging is
commonly offered with or without meals for periods of less than a month.
Hotel, Extended Stay
A building which provides a common entrance, lobby, and stairways, and in which lodging is
commonly offered with or without meals. Guests stay at an extended stay hotel for periods of more
than a month. The hotel rooms offer amenities such as self-serve laundry and in-suite kitchens
consistent with long term accommodations.
Impervious Surface
A constructed hard surface that either prevents or retards the entry of water into the soil and causes
water to run off the surface in greater quantities and at an increased rate of flow than prior to
development. Examples include rooftops, decks, sidewalks, patios, parking lots, storage areas, and
driveways, including those with concrete, asphalt, or gravel surfaces.
Indoor Recreation
A facility for indoor participation or observation of sports, games, fitness, arts, or culture activities that
do not meet the definition for another use in this Unified Development Ordinance. This use includes
but is not limited to health clubs, bowling, skating, swimming, tennis, teen clubs, health and fitness
centers, gyms, escape rooms, haunted houses, stadiums, and similar indoor activities. Accessory uses
include the sales of food, beverages, and items related to or required for participation in the
recreational activity.
Commented [MT22]: Final reference to be confirmed with
finalized UDO
Individual Establishment
A distinct business entity situated in a single building.
Industry
An enterprise that involves the production, assembly, processing, warehousing, or transfer of
materials, goods or products.
Intensive Vegetation Clearing
The removal of all or a majority of the trees or shrubs in a contiguous patch, strip, row, or block.
Interim Use
A temporary use of property until a specified date, until the occurrence of a specified event, or until
zoning regulations no longer permit it.
Jurisdiction
The provisions of this (section, chapter or article) apply to land within the river corridor boundary as
described in the State Register, volume 43, pages 508 to 519 and shown on the zoning map (insert
reference citation).
Land Alteration
An activity that exposes the soil or changes the topography, drainage, or cross section of the land,
excluding gardening or similar minor soil disturbances.
Laundry and Dry Cleaning Drop-Off and Pick-Up
An establishment where laundry or dry cleaning is dropped off by customers or picked up by
customers but not including any on-site cleaning or dry-cleaning activities.
Loading Space
A space accessible from a street, alley, or way in a building or a lot for the use of motor vehicles while
loading or unloading merchandise or materials.
Local Government
Counties, cities, and townships.
Local Park Agencies
The Minneapolis Park and Recreation Board and the Three Rivers Park District.
Lot
A lot is a parcel or portion of land in a subdivision or plat of land, separated from other parcels or
portions by description, as on a subdivision or record of survey map, or by metes and bounds, for the
purpose of sale or lease or separate use thereof.
Lot Area
The area of a horizontal plane bounded by the front, side and rear lot lines.
Lot, Corner
A lot at the junction of and abutting on two or more intersecting streets.
Lot, Depth
The mean horizontal distance between the front lot line and the rear lot line of a lot measur ed within
the lot boundaries.
Commented [MT23]: Confirming reference
Lot, Interior
A lot other than a corner lot.
Lot Line
A property boundary line of any lot held in a single or separate
ownership.
Lot Line, Front
That boundary of a lot which is along an existing or dedicated
street. In the case of corner lots, the zoning administrator shall
determine, but only for the purpose of this Unified Development
Ordinance, which lot line or lines shall be considered front lot lines;
such determination shall not be construed as stating in which
direction buildings shall face. In general, the narrower of the lines
abutting streets shall be the front line for the above stated purpose.
Lot Line, Rear
The boundary of a lot line which is most distant from and is
approximately parallel to the front lot line.
Lot Line, Side
Any boundary of a lot which is not a front or rear lot line.
Lot Width
The horizontal distance between the side lot lines of a lot measured at the front yard setback line. For
MRCCA, lot width is considered to be the shortest distance between lot lines.
Lowest Floor
The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant
enclosure, used solely for parking of vehicles, building access, or storage in an area other than a
basement area, is not considered a building’s lowest floor; provided, that such enclosure is not built
so as to render the structure in violation of the applicable non-elevation design requirements of 44
Code of Federal Regulations, Part 60.3.
Manufactured Home
A structure, transportable in one or more sections, which is built on a permanent chassis and is
designed for use with or without a permanent foundation when attached to the required utilities. The
term manufactured home” does not include the term “recreational vehicle.”
Manufacturing assembly and processing of products
Any manufacturing or industrial production that forms, shapes, combines, or alters materials. This
process of this production cannot produce objectionable noise, fumes, vibration, waste, or radiation.
Marina
Having the meaning given under Minnesota Rules, part 6115.0170.
Either an inland or offshore commercial mooring facility for the concentrated mooring of seven or
more watercraft or seaplanes wherein commercial ancillary services common to marinas are provided.
Massage
Rubbing, stroking, kneading, tapping or rolling of the body of another with the hands for the
exclusive purpose of physical fitness, relaxation, beautification and for no other purpose.
Marginal Access Street
A minor street which is parallel and adjacent to a thoroughfare and which provides access to abutting
properties and protection from through traffic.
Medical and health uses
Uses concerned with the diagnosis, treatment, and care of humans. Such uses include hospitals,
dental services, medical clinics, aesthetician services, nursing, medical tattooing, laser treatments, and
similarly oriented uses.
Meeting, Banquet, Event, or Conference Facility
A facility available on a rental basis to the general public, with or without food preparation
equipment, used for meetings, conferences, receptions, fellowship, catered meals, and other social
functions.
Minimum Subdivision Design Standards
The guides, principles and specifications for the preparation of subdivision plans indicating among
other things the minimum and maximum dimensions of the various elements set forth in the
preliminary plan.
Mississippi River Corridor Critical Area (MRCCA)
The area within the River Corridor Boundary (See Section 3.2.3).
Mississippi River Corridor Critical Area (MRCCA) Plan
A chapter or other element in the Brooklyn Center Comprehensive Plan.
Mooring Facility
Having the meaning given under Minnesota Rules, part 6115.0170.
“A concentrated area intended solely for the mooring or containment of seven or more watercraft or
seaplanes by docks, mooring buoys, or other means.”
Motel
A hotel in which rooms are directly accessible to an outdoor automobile parking area.
Multi-Establishment
A distinct business entity located in a structure attached to other similar structures by common walls
and ceilings or floors, or attached by means of an enclosed arcade; or a distinct business entity
contained within a single structure and not separated by walls or other physical barriers, but made
distinct due to its existence as a single lease space and operation by separate entrepreneurs or by its
singularity of purpose (such as clothing sales, furniture sales and so on) carried on by a single or
separate proprietors.
Native Plant Community
A plant community that has been identified as part of the Minnesota Biological Survey or biological
survey issued or adopted by a local, state, or federal agency.
Commented [MT24]: Final reference to be confirmed with
final UDO
Natural-Surface Trail
A trail composed of native soil and rock or compacted granular stone, primarily intended for hiking,
equestrian, or mountain bike use, as determined by local, regional, or state agency plans.
Natural Vegetation
Any combination of ground cover, understory, and tree canopy that, while it may have been altered
by human activity, continues to stabilize soils, retain and filter runoff, provide habitat, and recharge
groundwater.
New Construction
Structures, including additions and improvements, and placement of manufactured homes, for which
the start of construction commenced on or after the effective date of this Unified Development
Ordinance.
Nonconformity
Having the meaning given under Minnesota Statutes, Section 394.22.
“Any legal use, structure or parcel of land already in existence, recorded, or authorized before the
adoption of official controls or amendments thereto that would not have been permitted to become
established under the terms of the official controls as now written, if the official controls had been in
effect prior to the date it was established, recorded or authorized.”
Nonmetallic Mining
Construction, reconstruction, repair, relocation, expansion, or removal of any facility for the extract ion,
stockpiling, storage, disposal, or reclamation of nonmetallic minerals such a stone, sand, and gravel.
Nonmetallic mining does not include ancillary facilities such as access roads, bridges, culverts, and
water level control structures. For purposes of this subpart, “facility” includes all mine pits, quarries,
stockpiles, basins, processing structures and equipment, and any structures that drain or divert public
waters to allow mining.
Nursing Care Home
A facility which provides for the accommodation of persons who are not acutely ill and not in need of
hospital care, but who do require nursing care and related medical services. Examples of nursing care
include: bedside care and rehabilitative nursing techniques, administration of medicines, a modified
diet regime, irrigations and catheterization, application of dressings or bandages and other
treatments prescribed by a physician. In addition, the social, religious, education and recreational
needs of these patients may be fulfilled. Nursing care homes shall, where required by state law, or
regulation, or by municipal ordinance, be licensed by the appropriate state or municipal authority.
Obstruction
Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel
modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across,
or projecting into any channel, watercourse, or regulatory floodplain which may impede, retard, or
change the direction of the flow of water, either in itself or by catching or collecting debris carried by
such water.
Office
An enclosed building in which executive, management, administrative, government, or professional
services are provided. This use includes but is not limited to corporate offices, government offices, law
offices, banks, architectural firms, medical offices, insurance companies, other executive, management
or administrative offices for businesses and corporations, and the administration of local, state, or
federal government services or functions.
One Hundred Year Floodplain
Lands inundated by the “Regional Flood” see definition below.
Ordinary High Water Level (OHWL)
The boundary of public waters and wetlands, and shall be an elevation delineating the highest water
level which has been maintained for a sufficient period of time to leave evidence upon the landscape,
commonly that point where the natural vegetation changes from predominantly aquatic to
predominantly terrestrial. For watercourses, the ordinary high water level is the elevation of the top of
the bank of the channel. For reservoirs and flowages, the ordinary high water level is the operating
elevation of the normal summer pool.
Outlot
A parcel of land included in a plat which is smaller than the minimum size permitted and which is
thereby declared unbuildable until combined with additional land; or a parcel of land which is
included in a plat and which is more than double the minimum size and which is thereby subject to
future subdivision; or a parcel of land designated as a private roadway in a townhouse development
plat.
Overlay District
A zoning district that is applied over one or more previously established zoning districts, establishing
additional or stricter standards and criteria for covered properties in addition to those of the
underlying zoning district. Overlay districts are often used to protect historic features and natural
resources such as shoreland or floodplain.
Owner
Any individual, firm, association, syndicate, co-partnership, corporation, trust or any other legal entity
having sufficient proprietary interest in the land sought to be subdivided to commence and maintain
proceedings to subdivide the same under this Unified Development Ordinance.
Parcel
Having the meaning given under Minnesota Statutes, Section 116G.03.
“Any quantity of land capable of being described with such definiteness that its location and
boundaries may be established, which is designated by its owner or developer as land to be used or
developed as a unit, or which has been used or developed as a unit.”
Parking, Accessory Off-Site
A legal arrangement in which parking spaces, located on property other than that of the principal use,
are encumbered solely for use by the off-site principal use. Such spaces may be credited to the
Unified Development Ordinance parking requirements of the principal use by a conditional use permit
if the requirements of Section 5.5.6 are met.
Parking-Joint
An easement agreement over certain property which gives a use located on a nearby or adjacent
property the right to make use of parking stalls within the easement area. Such agreements are for
the convenience of the respective uses which share the same parking stalls at different times and
cannot be used to meet the Unified Development Ordinance parking requirements for the off-site
use.
Patio
A constructed hard surface located at ground level with no railings and open to the sky.
Pedestrian Way
The right of way across or within a block, for use by pedestrian traffic whether designated as a
pedestrian way, crosswalk or however otherwise designated.
Person
An individual, firm partnership, association, corporation or joint venture or organization of any kind.
Personal Service
Establishments providing individual-oriented, nonmedical related services, such as dry cleaning,
laundering and dyeing, beauty and barber shops, shoe repair, and related uses. These uses may also
include accessory retail sales of products related to the services provided.
Picnic Shelter
A roofed structure open on all sides, accessory to a recreational use.
Planned Unit Development
A method of land development that merges zoning and subdivision controls, allowing developers to
plan and develop a large area as a single entity, characterized by a unified site design, a mix of
structure types and land uses, and phasing of development over a number of years. Planned unit
development includes any conversion of existing structures and land uses that utilize this method of
development. These developments may be organized and operated as condominiums, time-share
condominiums, cooperatives, full fee ownership, commercial enterprises, or any combination of these,
or cluster subdivisions of dwelling units, residential condominiums, townhouses, apartment buildings,
dwelling grounds, recreational vehicle parks, resorts, hotels, motels, and conversions of structures and
land uses to these uses.
Plat
Having the meaning given under Minnesota Statutes, Chapter 505.
A delineation of one or more existing parcels of land drawn to scale showing all data as required by
this chapter, depicting the location and boundaries of lots, blocks, outlots, parks, and public ways.”
Plat, Common Interest Community (CIC)
Having the meaning given under Minnesota Statues, section 515B.2.
A plat required for condominiums and planned communities, and cooperatives in which the unit
owner’s interests are characterized as real estate.
Porch, Enclosed
A horizontal roofed platform attached to an entrance of a dwelling, with an integrated wall system
consisting of roof support members such as pillars, posts or columns, and which is fully enclosed by
walls, screens, windows, or removable storm-windows that cannot be accessed from the outside
except through a door that is capable of being locked.
Porch, Unenclosed
A horizontal roofed platform attached to an entrance of a dwelling, with a roof support system
consisting of pillars, posts or columns, which may or may not have railings or knee-wall railings no
higher than 36-inches from the platform level, and which does not include walls, screens, windows, or
doors.
Port
A water transportation complex established and operated under the jurisdiction of a port authority
according to Minnesota Statutes, section 458.
Preliminary Plan
The preliminary map, drawing, or chart indicating the proposed layout of the subdivision to be
submitted to the planning commission and city council for their consideration.
Primary Conservation Areas
Key resources and features, including shore impact zones, bluff impact zones, floodplains, wetlands,
gorges, areas of confluence with tributaries, natural drainage routes, unstable soils and bedrock,
native plant communities, cultural and historic properties, and significant existing vegetative stands,
tree canopies, and other resources identified in local government plans.
Principal Use or Structure
All uses or structures that are not accessory uses or structures.
Private Facilities
Private roads, driveways, and parking areas, private water access and viewing facilities, decks and
patios in setback areas, and private signs.
Professional Engineer
An engineer licensed to practice in Minnesota.
Program, Nonresidential
Having the meaning given it in Minnesota Statues 245A.02, Subd. 10.
Program, Residential
Having the meaning given it in Minnesota Statutes 245A.02, Subd. 14.
Proof Gallon
One liquid gallon of distilled spirits that is 50 percent alcohol at 60 degrees Fahrenheit.
Protective Covenants
Contracts entered into between private parties and constitute a restriction on the use of all private
property within a subdivision for the benefit of the property owners and for providing mutual
protection against undesirable aspects of development which would tend to impair stability of values.
Commented [MT25]: Clarification in process
Commented [MT26]: Clarification in process
Public Facilities
Public utilities, public transportation facilities, and public recreational facilities.
Public Recreation Facilities
Recreational facilities provided by the state or a local government and dedicated to public use,
including parks, scenic overlooks, observation platforms, trails, docks, fishing piers, picnic shelters,
water access ramps, and other similar water-oriented public facilities used for recreation.
Public River Corridor Views
Views toward the river from public parkland, historic properties, and public overlooks, as well as views
toward bluffs from the ordinary high water level of the opposite shore, as seen during the summer
months and documented in the MRCCA plan/chapter of the comprehensive plan.
Public Transportation Facilities
All transportation facilities provided by federal, state, or local government and dedicated to public
use, such as roadways, transit facilities, railroads, and bikeways.
Public Transportation Terminal
A point of assembly or disassembly of people arriving or departing by means of public transportation.
Public Uses
Uses, facilities and properties owned or operated by a school district, a municipality, county, state, or
other governmental units, and any religious institutions such as churches, chapels, temples,
synagogues and mosques.
Public Utilities
Electric power facilities, essential services, and transmission services.
Public Waters
Having the meaning given under Minnesota Statutes, section 103G.005.
1) water basins assigned a shoreland management classification by the commissioner under
sections 103F.201 to 103F.221;
2) waters of the state that have been finally determined to be public waters or navigable
waters by a court of competent jurisdiction;
3) meandered lakes, excluding lakes that have been legally drained;
4) water basins previously designated by the commissioner for management for a specific
purpose such as trout lakes and game lakes pursuant to applicable laws;
5) water basins designated as scientific and natural areas under section 84.033;
6) water basins located within and totally surrounded by publicly owned lands;
7) water basins where the state of Minnesota or the federal government holds title to any of
the beds or shores, unless the owner declares that the water is not necessary for the
purposes of the public ownership;
8) water basins where there is a publicly owned and controlled access that is intended to
provide for public access to the water basin;
9) natural and altered watercourses with a total drainage area greater than two square miles;
10) natural and altered watercourses designated by the commissioner as trout streams; and
11) public waters wetlands, unless the statute expressly states otherwise.
Public waters are not determined exclusively by the proprietorship of the underlying, overlying, or
surrounding land or by whether it is a body or stream of water that was navigable in fact or
susceptible of being used as a highway for commerce at the time this state was admitted to the
union.
Reach
A hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a
natural or man-made obstruction. In an urban area, the segment of a stream or river between two
consecutive bridge crossings would most typically constitute a reach.
Readily Visible
Land and development that are easily seen from the ordinary high water level of the opposite shore
during summer months.
Recreational Vehicle
A vehicle that is built on a single chassis, is 400 square feet or less when measured at the largest
horizontal projection, is designed to be self-propelled or permanently towable by a light duty truck,
and is designed primarily not for use as a permanent dwelling but as temporary living quarters for
recreational, camping, travel, or seasonal use. For the purposes of this Unified Development
Ordinance, the term recreational vehicle is synonymous with the term “travel trailer/travel vehicle.”
Regional Flood
A flood which is representative of large floods known to have occurred generally in Minnesota and
reasonably characteristic of what can be expected to occur on an average frequency in the magnitude
of the1% chance or 100-year recurrence interval. Regional flood is synonymous with the term "base
flood" used in a flood insurance study.
Regulatory Flood Protection Elevation (RFPE)
An elevation not less than one foot above the elevation of the regional flood plus any increases in
flood elevation caused by encroachments on the floodplain that result from designation of a
floodway.
Repetitive Loss
Flood related damages sustained by a structure on two separate occasions during a ten year period
for which the cost of repairs at the time of each such flood event on the average equals or exceeds
25% of the market value of the structure before the damage occurred.
Resource Agency
A federal, state, regional, or local agency that engages in environmental, natural, or cultural resource
protection or restoration activities, including planning, implementation, and monitoring.
Retail Sale
A transfer of title or possession of personal property to a purchaser for a price.
Retaining Wall
A vertical or nearly vertical structures constructed of mortar and rubble masonry, rock, or stone
regardless of size, vertical timber pilings, horizontal timber planks with piling supports, sheet pilings,
poured concrete, concrete blocks, or other durable materials.
Right-of-way
That property within the boundary of a street or highway easement, or that property owned by a
governmental body for roadway purposes; generally the right-of-way extends beyond the actual
surfaced portion of the roadway. The street right-of-way line is coincident with the property line of
the abutting property, and is the line generally used in calculating setbacks.
River Corridor Boundary
The boundary approved and adopted by the Metropolitan Council under Minnesota Statutes, section
116G.06, as approved and adopted by the legislature in Minnesota Statutes, section 116G.15, and as
legally described in the State Register, volume 43, pages 508 to 518.
River-Dependent Use
The use of land for commercial, industrial, or utility purposes, where access to and use of a public
water feature is an integral part of the normal conduct of business and where the use is dependent on
shoreline facilities.
Rock Riprap
Natural coarse rock placed or constructed to armor shorelines, streambeds, bridge abutments, pilings
and other shoreline structures against scour, or water or ice erosion.
Roof Line
That line at which an exterior wall surface of a building structure departs from a vertical plane.
Rummage Sale
The infrequent temporary display and sale, by an occupant on his or her premises, of personal
property, including general household rummage, used clothing and appliances, provided: the
exchange or sale of merchandise is conducted within the residence or accessory structure; the number
of sales does not exceed four per year; the duration of the sale does not exceed three consecutive
days; any related signage shall conform with the sign Unified Development Ordinance provisions; and
the conduct of the sale does not encroach upon the peace, health, safety, or welfare of the citizens of
Brooklyn Center.
Sauna
Steam bath, hot water bath, or heat bathing by use of heat lamps, and any such room or facility
specially constructed therefor, used for the purposes of bathing, relaxing or reducing utilizing steam,
hot air, hot water, or heat lamps as a cleaning, relaxing, or reducing agent.
Selective Vegetation Removal
The removal of isolated individual trees or shrubs that are not in a contiguous patch, strip, row, or
block and that does not substantially reduce the tree canopy or understory cover.
Service Station (Gas of Filling Station)
Any building or premises used for dispensing, sale or offering for sale at retail any automotive fuels or
oils, and where battery, tire, and other similar services may be rendered. When such dispensing, sale
or offering for sale of any fuels or oils is incidental to the conduct of a public repair garage, the
premises shall be classified as a public repair garage.
Setback
The minimum horizontal distance from a building, hedge, fence, wall or structure to the street or lot
line. The setback distance shall be measured from the exterior wall of the building, and no part of any
roof cornice or any appendage to the structure shall project to a point more than one-third the
distance of the minimum side yard setback.
Severability
If any section, clause, provision, or portion of this (section, chapter or article) is adjudged
unconstitutional or invalid by a court of competent jurisdiction, the remainder of this (section, chapter
or article) shall not be affected thereby.
Shore Impact Zone
Land located between the ordinary high water level of a public water and a line parallel to it at a
setback of 50 percent of the required structure setback or, for agricultural use, 50 feet landward of the
ordinary high water level.
Commented [MT27]: Final reference to be confirmed with
finalized UDO
Commented [MT28]: Final reference to be confirmed with
finalized UDO
Shoreland
Land located within the following distances from public waters:
1) 1,000 feet from the ordinary high water level of a lake, pond, or flowage; and
2) 300 feet from a river or stream, or the landward extent of a floodplain designated by
ordinance on a river or stream, whichever is greater.
Shore Recreation Facilities
Swimming areas, docks, watercraft mooring areas and launching ramps and other water recreation
facilities.
Shoreline Facilities
Facilities that require a location adjoining public waters for ingress and egress, loading and unloading,
and public water intake and outflow, such as barge facilities, port facilities, commodity loading and
unloading equipment, watercraft lifts, marinas, short-term watercraft mooring facilities for patrons,
and water access ramps. Structures that would be enhanced by a shoreline location, but do not
require a location adjoining public waters as part of their function, are not shoreline facilities, such as
restaurants, bait shops, and boat dealerships.
Sign
Any publicly displayed message-bearing device for visual communication or any attention attracting
device, including any illumination device, that is used for the purpose of bringing the subject thereof
to the attention of the public including, but not limited to, any mural, writing, pictorial presentation,
number, illustration, illumination, placard, logo, trademark, emblem, decoration, flag, banner, pennant,
symbol, valance or similar display.
Sign, Campaign
A temporary sign promoting the candidacy of a person running for a governmental office or
promoting a position on an issue to be voted on at a governmental election.
Sign, Canopy
A roof-like cover that either projects from a building over a door, entrance or window, or a
freestanding or projecting roof-like cover above an outdoor service area, such as at a gasoline service
station.
Sign, Dynamic Message (DMS)
A dynamic messages sign also known as a changeable messages sign, variable messages sign or other
similar name, is an electrical or electromechanical sign on which a message may be placed that can be
changed remotely or on site through hard wire or wireless communications.
Sign, Flashing
Any illuminated sign on which the artificial light or color is not maintained at a constant intensity or
color when such sign is in use including signs incorporating zooming, twinkling, sparkling, fading or
chasing actions. A Dynamic Message Sign or that portion of a sign providing public service
information such as time, weather, date, temperature or similar information shall not be considered to
be a flashing sign.
Sign, Freestanding
A sign that is not affixed to any part of any building and instead is supported by upright braces or
posts placed in the ground.
Sign, Illuminated
Any sign upon which artificial light is directed or which has an interior light source.
Sign, Mural
A design or representation painted on the exterior surface of a structure that does not advertise a
business, product, service or activity and may exceed the size or coverage limits applicable to that site.
Sign, Off-Premise Advertising
A sign that directs attention to a business, commodity, service or entertainment not exclusively
related to the premises on which the sign is located or to which it is affixed
Sign, Portable
A sign so designed as to be movable from one location to another and not permanently attached to
the ground or to any immobile structure. A portable sign may consist of a mobile structure such as a
semi-truck trailer or other device whose primary function during a specific time period is to serve as a
sign.
Sign, Projecting
A sign that is affixed to the wall of a building and extends outward from the building wall.
Sign, Roof
A sign erected or attached in whole or in part upon the roof of a building or a non -freestanding sign
that projects above the roof line of a respective building.
Sign, Rotating
A sign or portion of a sign that turns on an axis.
Sign, Structure
The supports, uprights, bracing and framework for a sign including the sign surface itself. In the case
of a wall sign, the sign surface constitutes the sign structure. In the case of a sign structure consisting
of two or more sides, where the interior angle formed between any of the sides exceeds 15 degrees
each side shall be considered a separate sign structure.
Sign, Temporary
Any sign or other advertising device or display constructed of fabric, canvas, cardboard, wall board,
plywood, or other light temporary material, with or without structural frame, intended for a temporary
display for a limited period of time. Examples of temporary signs include real estate "for sale," "for
rent", and "open house" signs, garage sale signs, signs identifying the architect, engineer or
contractor for work currently under construction, signs advertising a temporary event or commercial
opportunity and signs that express noncommercial messages.
Sign, Wall
A sign that is affixed upon and parallel to the wall of a building.
Significant Historic Site
Any archaeological site, standing structure, or other property that meets the criteria for eligibility to
the National Register of Historic Places or is listed in the State Register of Historic Sites, or is
determined to be an unplatted cemetery that falls under the provisions of Minnesota Statutes, Section
307.08. A historic site meets these criteria if it is presently listed on either register or if it is determined
to meet the qualifications for listing after review by the Minnesota state archaeologist or the Director
of the Minnesota Historical Society. All unplatted cemeteries are automatically considered to be
significant historic sites.
Solar Collector, Building-Mounted
A system of panels, wiring, and related equipment used to transform direct solar energy into thermal,
chemical, or electrical energy that is mounted to a building.
Solar Collector, Ground-Mounted
A system of panels, wiring, and related equipment used to transform direct solar energy into thermal,
chemical, or electrical energy that is mounted to the ground.
Special Flood Hazard Area
A term used for flood insurance purposes synonymous with “One Hundred Year Floodplain.”
Special Purpose Units of Government
The University of Minnesota, the St. Paul Port Authority, watershed management organizations
established under Minnesota Statutes, chapter 103B, watershed districts established under Minnesota
Statutes, chapter 103D, and any other unit of government other than local government o r a state or
regional agency.
Start of Construction
Includes substantial improvement, and means the actual start of construction, repair, reconstruction,
rehabilitation, addition, placement or other improvement that occurred before the permit’s expiration
date. The actual start is either the first placement of permanent construction of a structure on a site,
such as the pouring of slab or footings, the installation of piles, the construction of columns, or any
work beyond the stage of excavation; or the placement of a manufactured home on a foundation.
Permanent construction does not include land preparation, such as clearing, grading and filling; nor
does it include the installation of streets and/or walkways; nor does it include excavation for a
basement, footings, piers, foundations, or the erection of temporary forms; nor does it include the
installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling
units or not part of the main structure. For a substantial improvement, the actual start of construction
means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or
not that alteration affects the external dimensions of the building.
State or Regional Agency
The Metropolitan Airports Commission, Minnesota Historical Society, University of Minnesota,
Department of Natural Resources, Department of Transportation, Metropolitan Council and other
state agencies.
Stealth
Any telecommunications tower or telecommunications facility which is designed to blend into the
surrounding environment.
Steep Slope
A natural topographic feature with an average slope of 12 to 18 percent, measured over a horizontal
distance equal to or greater than 50 feet, and any slopes greater than 19 percent that are not bluffs.
Storm Water Management Facilities
Facilities for the collection, conveyance, treatment, or disposal of storm water.
Story
Each of the stages, separated by floors, one above another, of which a building consists
Street
A public right-of-way for roadway purposes. Streets may be classified as one of the following:
1) Collector Street - A street which carries traffic from minor streets to thoroughfares. It includes
the principal entrance streets of a residential development and streets for circulation within
such development.
2) Local Street - A street of limited continuity used primarily for access to the abutting
properties and the local needs of a neighborhood.
3) Marginal Access Street - A local street which is parallel and adjacent to a thoroughfare and
which provides access to abutting properties and protection from through traffic.
4) Minor Arterial - a fast or heavy traffic street of considerable continuity and used primarily as a
traffic artery for intercommunication among large areas.
Street Line
The common boundary of the street right-of-way and abutting property.
Street Width
The shortest distance between the lines delineating the right of way of a street.
String Lighting
Strings of lights suspended between poles by cables or similar devices generally consisting of a
number of bare, incandescent bulbs, but also including those with separate shields suspended from
the individual light fixtures.
Structure
Anything constructed or erected on the ground or attached to the ground or on-site utilities,
including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured
homes, recreational vehicles not meeting the exemption criteria specified in Section 3.6.1(i.2). of this
Unified Development Ordinance and other similar items.
Structural Alterations
Any change, other than incidental repairs, in the supporting members of a building or structure, such
as bearing walls or partitions, columns, beams or girders or any substantial change in the roof or
exterior walls.
Subdividor
Any person commencing proceedings under this Unified Development Ordinance to effect a
subdivision of land hereunder for himself or for another.
Subdivision
Having the meaning given under Minnesota Statutes, Section 462.352.
“The separation of an area, parcel, or tract of land under single ownership into two or more parcels,
tracts, lots, or long-term leasehold interests where the creation of the leasehold interest necessitates
the creation of streets, roads, or alleys, for residential, commercial, industrial, or other use or any
combination thereof, except those separations:
1) where all the resulting parcels, tracts, lots, or interests will be 20 acres or larger in size and
500 feet in width for residential uses and five acres or larger in size for commercial and
industrial uses;
2) creating cemetery lots;
3) resulting from court orders, or the adjustment of a lot line by the relocation of a common
boundary.”
Substantial Damage
Means damage of any origin sustained by a structure where the cost of restoring the structure to it’s
before damaged condition would equal or exceed fifty percent (50%) of the market value of the
structure before the damage occurred.
Substantial Improvement
Within any consecutive 365-day period, any reconstruction, rehabilitation ( including normal
maintenance and repair), repair after damage, addition, or other improvement of a structure, the cost
of which equals or exceeds fifty percent ( 50%) of the market value of the structure before the “ start
of construction” of the improvement. This term includes structures that have incurred “substantial
damage,” regardless of the actual repair work performed. The term does not, however, include either:
1) Any project for improvement of a structure to correct existing violations of state or local
health, sanitary, or safety code specifications which have been identified by the local code
enforcement official and which are the minimum necessary to assure safe living
conditions.
2) Any alteration of a “historic structure,” provided that the alteration will not preclude the
structure’ s continued designation as a “historic structure.” For the purpose of this Unified
Development Ordinance, “historic structure” is as defined in 44 Code of Federal
Regulations, Part 59.1.
Subsurface Sewage Treatment System
Having the meaning given under Minnesota Rules, part 7080.1100.
Either an individual sewage treatment system that employs sewage tanks or other treatment devices
with final discharge into the soil below the natural soil elevation or elevated final grade that are
designed to receive a sewage design flow of 5,000 gallons per day; or a midsized subsurface sewage
treatment system of a similar configuration but is designed to receive sewage design flow of greater
than 5,000 gallons per day to 10,000 gallons per day.
Suitability Analysis
An evaluation of land to determine if it is appropriate for the proposed use. The analysis considers
factors relevant to the proposed use and may include the following features: susceptibility to flooding;
existence of wetlands; soils, erosion potential; slope steepness; water supply, sewage treatment
capabilities; water depth, depth to groundwater and bedrock, vegetation, near-shore aquatic
conditions unsuitable for water-based recreation; fish and wildlife habitat; presence of significant
historic sites; or any other relevant feature of the natural land.
Telecommunications Facilities
Cables, wires, lines, wave guides, antennae and other equipment or facility associated with the
transmission or reception of communications which a person seeks to locate or install upon or near a
tower or antenna support structure. The term Telecommunications Facilities shall not include:
1) Any satellite earth station two meters in diameter or less which is located in an area
zoned industrial or commercial;
2) Any satellite earth station antenna one meter or less in diameter, regardless of zoning
category;
3) Amateur radio operators equipment as licensed by the Federal Communications
Commission (FCC)
Telecommunications Tower
A self-supporting guyed or monopole structure constructed from grade which supports
telecommunications facilities. This term shall not include amateur radio operator equipment, as
licensed by the FCC or lattice designed towers.
Temporary Seasonal Swimming Pool
A swimming pool that is removed and not in use before May 1 and after September 30.
Temporary Use
Temporary uses are uses of a temporary or seasonal nature that are accessory or related to the
primary use.
Thoroughfare, Major
For the purpose of this Unified Development Ordinance, major thoroughfares include all state, county,
and federal highways (including interstate freeways), and the following municipal streets:
1) Xerxes Avenue North from T.H. 100 to 59th Avenue North and from F.A.I. 94 to Shingle
Creek Parkway.
2) Shingle Creek Parkway from C.T.H. 10 to 69th Avenue North.
3) France Avenue North from T.H. 100 to 50th Avenue North.
4) Humboldt Avenue North from F.A.I. 94 to 70th Avenue North.
5) Freeway Boulevard from Xerxes Avenue North to Humboldt Avenue North.
6) 69th Avenue North from Shingle Creek Parkway to Brooklyn Boulevard.
Transient Lodging
A multiple living accommodation such as a hotel or motel in which lodging is commonly offered for
periods of less than a week but which may include one dwelling unit for a live-in resident manager.
Transmission Services
Electric power lines, cables, pipelines, or conduits that are:
1) used to transport power between two points, as identified and defined under Minnesota
Statutes, Section 216E.01, Subd. 4; or
2) For mains or pipelines for gas, liquids, or solids in suspension, used to transport gas,
liquids, or solids in suspension between two points; and
3) Telecommunication lines, cables, pipelines, or conduits.
Treeline
The more or less continuous line formed by the tops of trees in a wooded area when viewed from a
particular point. The treeline is determined during all seasons as if under full foliage.
Twin Cities Metropolitan Area
The area over which the Metropolitan Council has jurisdiction according to Minnesota Statutes,
Section 473.121 Subd. 2.
Underlying Zoning
Uses and standards of underlying zoning districts apply except where standards of this overlay district
are more restrictive.
Unlisted Temporary Use
A temporary use not listed as a temporary use in Section 4.2 Allowed Uses Table.
Urban Agriculture
The use of a parcel of land not exceeding five acres in size for the cultivation of food and/or
horticultural crops, composting, aquaponics, aquaculture, and/or hydroponics. This use may include
the production or sale of food products from food grown on the premises and accessory keeping of
bees subject to City regulations but does not include cultivation of marijuana.
Use
The purpose or activity for which the land or building is designated, arranged or intended, or for
which it is occupied or maintained.
Used Car Lot
Any land used or occupied for the purpose of buying and selling secondhand passenger cars and/or
trucks.
Variance
Means a modification of a specific permitted development standard required in an official control,
including this Unified Development Ordinance, to allow an alternative development standard not
stated as acceptable in the official control, but only as applied to a particular property for the purpose
of alleviating a practical difficulty as defined in Section XXX.X.X of this UDO..
Vending Machine
Any self-service device which, upon insertion of a coin, coins or tokens, or by other similar means,
dispenses unit servings of food or other goods, either in bulk or in packages without the necessity of
replenishing the device between each vending operation.
Wall Supporting the Sign
The aggregate surface area of the wall where the sign is mounted, measured from the ground floor
grade to the top floor grade, but not including wall area occupied by windows or doors
Water Access Ramp
A boat ramp, carry-down site, boarding dock, and approach road, or other access that allows
launching and removal of a boat, canoe, or other watercraft with or without a vehicle and trailer.
Water-Dependent Use
The use of land for commercial, industrial, public or semi-public purposes, where access to and use of
a public water is an integral part of the normal conduct of operation. Marinas, resorts, and restaurants
with transient docking facilities are examples of commercial uses typically found in shoreland areas.
Water-Oriented Accessory Structure or Facility
A small, above ground building or other improvement, except stairways, fences, docks, and retaining
walls, which, because of the relationship of its use to surface water, reasonably needs to be located
closer to public waters than the normal structure setback. Examples of such structures and facilities
include, watercraft and watercraft equipment storage structures, gazebos, screen houses, fish houses,
pump houses, saunas, patios, and detached decks. Boathouses and boat storage structures given the
meaning under Minnesota Statutes, section 103G.245 are not a water-oriented accessory structures.
Water Quality Impact Zone
Land within the shore impact zone or within 50 feet of the OWHL of the Mississippi River, whichever is
greater, AND within 50 feet of a public water, wetland, or natural drainage way, whichever is greater.
Wetlands
Having the meaning given under Minnesota Statutes, section 103G.005.
“Lands transitional between terrestrial and aquatic systems where the water table is usually at or near
the surface or the land is covered by shallow water.”
Wharf
Having the meaning given under Minnesota Rules, part 6115.0170.
Commented [MT29]: Reference location pending final UDO
edits
“A permanent structure constructed into navigable waters as a part of a port facility for berthing or
mooring commercial watercraft, or for transferring cargo to and from watercraft in an industrial or
commercial enterprise, or for loading or unloading passengers from commercial watercraft, or for the
operation or a port facility.”
Wind Energy System, Small Building-Mounted
A small wind energy conversion system mounted to a building that has a rated capacity of 100 KW or
less. The small wind system shall be used to support the energy needs of the principal use on the site.
Wind Energy System, Small Ground-Mounted
A small wind energy conversion system mounted to the ground that has a rated capacity of 100 KW
or less. The small wind system shall be used to support the energy needs of the principal use on the
site.
Yard
An open space which is unoccupied and unobstructed, except as otherwise permitted by this Unified
Development Ordinance. A yard extends along a lot line and at right angles to such lot line to a depth
or width specified in the yard regulations for the district in which such lot is located.
Yard, Front
A yard extending along the full width of the front lot line between the side lot lines. Notwithstanding
provisions to the contrary, on corner lots, the front yard shall generally be the full width of the yard
which the front of the house faces, lying between the side lot line and the opposite lot line abutting a
public street.
Yard, Rear
A yard extending along the full width of the rear lot line between the two side lot lines.
Yard, Side
A yard extending along the side lot line between the front and rear lot lines.
Zoning Administrator
The Zoning Administrator shall be the City Manager who may designate other employees or agents of
the City to perform the duties of the zoning administrator.